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ADA

Sight-impaired officer sees red, sues for ADA violations

09/08/2010
A former detention officer for the Hunt County Sheriff’s Office has filed suit against Hunt County and Sheriff Randy Meeks, claiming she was discriminated against on the basis of her disabilities: myopia and astigmatism.

Kobe-Wieland hit with ‘regarded-as-disabled’ suit

09/06/2010
Copper tubing manufacturer Kobe-Wieland faces a disability discrimination suit for allegedly terminating Joseph Cardwell because it perceived him to be disabled when he was not.

Does your employee-only restroom policy violate code?

09/01/2010
Issue: Many states require organizations to allow public access to their restrooms.
Risk: You, like many employers, may be unaware of this code. One complaint can trigger a fine and …

Princeton Healthcare System hit with ADA suit

08/26/2010
The EEOC has filed suit against Princeton Healthcare System, claiming its leave policies violated the ADA. According to the EEOC complaint, Princeton Healthcare fires employees who aren’t eligible for leave under the FMLA if they cannot return to work in seven days.

Morris cop, fired up about gun rules, files ADA lawsuit

08/25/2010
A Morris County police officer is suing the county for lost wages stemming from a restriction against firing guns during her pregnancy.

Beware retaliation lawsuit if you act against employee who challenges ADA compliance

08/23/2010
You may not realize that employees can sue for retaliation if they’re punished for taking action to enforce the ADA against another organization. If the employee can show the action led to the punishment, he has a case.

Must we restructure job for injured worker?

08/23/2010
Q. One of our school employees hurt her back while assisting students in the classroom. She went out on workers’ comp and has now reached maximum improvement, according to her doctor. But she can’t do her old job. Do we have to provide another job for her?

Lesson from the court: Never disclose former employees’ medical info

08/20/2010

“Hi, this is Mike from XYZ Company. I’d like to ask you a few questions about a former employee whom you used to manage.” At some point in managers’ careers, they’ll receive such a phone call from an ex-employee’s prospective employer. Be careful: One simple mistake in your response could trigger an expensive lawsuit. Remember: Never disclose medical information about former employees.

When essential duties are at issue, OK to base medical exam on FMLA certification

08/12/2010
A new 8th Circuit Court of Appeals case allows employers to use an employee’s FMLA certification as the basis for requesting a fitness-for-duty exam if the certification asserts that the employee can’t perform an essential function of her job. That’s especially true in high-pressure professions when an alleged FMLA serious health condition affects an employee’s ability to function while at work.

Reasonable accommodations under the ADA in the 7th Circuit

08/06/2010

The ADA requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would cause an undue hardship. A recent 7th Circuit case sheds light on the extent of an employer’s obligation to accommodate an employee’s accommodation request.