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ADA

Pulling accommodation? You need a business reason

09/08/2022
It can be legally risky to withdraw an ADA reasonable accommodation that has been previously approved and implemented. However, it’s not impossible—if the employer can demonstrate a solid business reason why the change was necessary.

Gender dysphoria considered ADA disability

09/08/2022
For the first time, a federal appeals court has ruled that the ADA’s definition of disability includes a condition known as gender dysphoria.

Leave medical history out of hiring and firing decisions

09/01/2022
Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.

Employee sleepwalks into co-worker’s hotel room: Do you terminate or accommodate?

08/18/2022
Here’s one they probably didn’t teach you in HR school…

Beware removing effective disability accommodations

08/18/2022
Many ADA accommodations are cheap, effective and easy to implement. If one of these simple accommodations seems to be working, think twice before withdrawing it unless you have a rock-solid business reason for doing so.

Ensure bosses don’t block accommodations

08/11/2022
It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

Always keep disability status confidential

07/28/2022
The ADA requires employers to keep a worker’s disability confidential. That can put supervisors in a difficult position if, for example, employees complain about a colleague who seemingly gets a pass on performing some tasks or is allowed to take extra leave.

Service animals may be ADA accommodations

07/28/2022
Some employers assume they can reject out of hand a disabled employee’s request to bring a service animal to work as a reasonable accommodation. Implementing such a blanket policy is a mistake.

Accommodate teenage workers’ disabilities, too

07/21/2022
One of the EEOC’s primary enforcement priorities is protecting teen workers from harassment and discrimination. Employers that tolerate abuse of younger employees can expect an EEOC lawsuit that is likely to result in an expensive judgment or settlement.

How to legally navigate employees’ requests to work remotely

06/16/2022
After roughly two years of isolation, employers are summoning employees back to the office. Not all employees are thrilled, which means many employers are facing resistance from employees who have grown accustomed to remote work.