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ADA

First suggestion needn’t be last word: You’re free to choose reasonable accommodation

07/23/2010

When an employee asks for a reasonable ADA accommodation for a disability, you don’t have to accept her first suggestion. You are under no obligation to provide the employee’s preferred accommodation if you have another one that’s also reasonable.

Beware bias claims when accommodations differ

07/23/2010
Overlapping issues often make it even harder for HR pros to deal with difficult situations. For example, addressing the needs of two disabled employees can turn into a discrimination lawsuit if they belong to different protected classes and you come up with different accommodations.

HIV case shines spotlight on ADAAA’s broader disability definition

07/09/2010
A recent court case sheds light on whether HIV is a disability under the ADA Amendments Act of 2008. In Horgan v. Simmons, the court held that an HIV-positive man who was terminated after disclosing his medical condition to his supervisor could pursue an employment discrimination claim under the ADA. This case reflects the trend toward broader protection under the ADA.

Balance Staffing blindsided by recruiter’s ADA lawsuit

07/09/2010
Balance Staffing’s short-sighted treatment of a visually impaired recruiter will cost it $100,000 to settle a disability discrimination suit.

Don’t ask for unlimited medical exam consent

07/08/2010
Under the ADA, medical exams are allowed only if needed to determine whether an employee requires a reasonable accommodation or if the employer believes the employee will be unable to safely perform the job. But can employers require employees to agree to more extensive medical examinations as a condition of employment? Probably not.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

07/07/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.

NASCAR’s Mayfield loses N.C. disability challenge

06/28/2010

The North Carolina Persons with Disabilities Act prohibits discrimination against the disabled, but that protection is limited. Consider the following case involving race car driver Jeremy Mayfield:

Keep processes transparent so everyone knows crucial employment milestones

06/28/2010

Typically, employees have just a short period of time to file an EEOC discrimination claim. But what if they don’t know they are being discriminated against? In some circumstances, that may give them much more time to begin a lawsuit. All the more reason to be open about employment decisions—it makes it harder for employees to later claim they didn’t understand their situations.

Disability group files class action against state

06/18/2010
The organization Disability Rights Advocates recently filed a class action lawsuit against the state of California on behalf of seven state employees and Deaf and Hard of Hearing State Workers United, a group representing employees with hearing disabilities.

When determining fitness for duty, strictly limit medical inquiries to essential functions

06/18/2010

Employers aren’t allowed to delve into an employee’s disabilities or medical history when that employee wants to keep the information private—unless the employer can show a job-related reason for doing so. To qualify, the inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of his job. Broad questions often run afoul of the law.