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ADA

Don’t delay reasonable accommodations decision

10/12/2010

Employees who are disabled are entitled to reasonable accommodations. Employers and employees are supposed to talk about possible accommodations in what’s called the interactive accommodations process. An unreasonable delay in the process may amount to an ADA violation.

What’s our ADA liability if an employee never informed us he needed accommodation?

10/12/2010
Q. An employee recently resigned from our company. In his resignation letter, he told us that he was disappointed that we were unable to accommodate his sleep apnea … However, he never told us until he resigned that he suffered from any medical condition, including sleep apnea. How are we supposed to accommodate a medical condition that we don’t know about?

6th Circuit’s surprise call: Pregnancy ‘impairments’ are disabilities

10/08/2010

The ADA expressly excludes pregnancy as a disability. The law says so, and I’ve always believed it to be true. But now a new decision has turned that notion on its head—and that may mean you’ll have to make some changes to your policies.

Is dyslexia an ADA disability?

09/24/2010
Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests?

Get it in writing: Creating effective and legal job descriptions

09/24/2010
Job descriptions are the cornerstone of communication between management and staff. Good job descriptions make sure bosses and employees alike know what kind of performance is expected. They’re the basis of every effective performance-appraisal system. At a minimum, a job description should include these elements:

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.

Driving restrictions may create ADA disability

09/16/2010

Generally, an individual whose medical condition results in driving restrictions isn’t considered disabled under the ADA. Courts consistently have held that driving is not a major life activity. But courts have also been willing to say that an individual whose driving restriction makes it hard to access available jobs may qualify for ADA protection because the inability to drive substantially impairs the ability to work.

Fired after injury, star worker sues Delta under ADA

09/08/2010

Call it a missed opportunity. Call it a misunderstanding. Nancy Grozdanich-Lipinski did neither. She called her lawyer. Grozdanich-Lipinski is suing her former employer, Delta Airlines, for violations of the ADA.

Surprise! Iron Range firm wins EEOC ADA case

09/08/2010
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Accommodating isn’t ‘regarding as disabled’

09/08/2010

Here’s good news for employers that want to accommodate employees who say they’re disabled, even if it’s not clear they actually are. If you make the accommodations, the employee can’t sue you for regarding her as disabled if it turns out she isn’t really disabled. That means you can safely agree to an accommodation without fearing a lawsuit later.