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ADA

No way to accommodate an employee’s disability? Then you don’t have to

05/24/2010

Employers are obligated to engage in an interactive accommodations process when disabled employees request an accommodation and one is possible. But if you’re confident it’s not possible to accommodate the disabled worker—that he would never be able to perform the job’s essential functions—then you don’t have to go through the motions.

You don’t have to create employee’s ‘perfect’ job when accommodating disability

05/17/2010

Some disabled employees go to great lengths to hide their conditions—perhaps out of pride or fear that they’ll be discriminated against. They may look long and hard for a perfect job that allows them to work without any sort of accommodation. But what happens if the disabled employee who has, in effect, managed to secretly “self-accommodate” is moved to another position? Can she request that she move back to her old, perfect position?

When creating job descriptions, focus on ‘essential functions’ employees really perform

05/10/2010

Courts hearing ADA cases generally trust employers to establish which job functions are essential and which ones are not. But that doesn’t mean you can trump up job descriptions with “essential functions” that are never performed. Courts sometimes see that as a way to avoid having to reasonably accommodate disabled employees. They’ll only consider those functions that employees perform in reality.

OK to test for alcohol under ADA?

05/06/2010
Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Shouldn’t applicants disclose disabilities?

05/06/2010
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Philly area McDonald’s will pay disabled worker $90,000

04/28/2010
The franchisee that operates a McDonald’s restaurant on City Line Avenue in Philadelphia has settled with the EEOC, resolving a disability discrimination complaint brought by a former employee with developmental disabilities.

Inability to work overtime doesn’t constitute disability

04/28/2010
Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.

More leave after FMLA leave?

04/19/2010
Q. One of our employees recently completed 12 weeks of FMLA leave to care for an ill family member. She has now requested a 30-day leave to undergo chemical dependency treatment for alcohol abuse. Since she has already utilized all of her available FMLA leave, are we required to grant this most recent leave request?

Diabetes may be serious, but isn’t always a disability

04/15/2010

Employees who have diabetes and take insulin may claim to be disabled. And employers frequently make accommodations to help diabetic employees control their conditions. That doesn’t mean, however, that every diabetic will be able to show he’s disabled under the ADA.

Alcoholics still have to follow work rules

04/15/2010

The ADA protects people who are alcoholics from discrimination based on their disability. That doesn’t mean, however, that alcoholic employees don’t have to follow standard workplace behavioral rules. Simply put, alcoholism isn’t an excuse for poor behavior—and you don’t have to tolerate it.