ADA

Allergies and the ADA

10/25/2022

Workers suffering from allergies might be entitled to accommodations under the Americans with Disabilities Act, depending on the type and severity of their allergies. Apart from the ADA, allergies might also be covered under other disability nondiscrimination legislation.

EEOC warning: Consider disabilities when enforcing drug tests

10/20/2022

A veteran suffering from PTSD received an offer of employment conditioned upon a negative drug test. The applicant subsequently took the drug test and received a “non-negative” result. The next day, the applicant’s job offer was revoked without explanation.

Consider accommodation request as illness

10/06/2022

Here’s a warning to share with managers and supervisors. An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.

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.

ADA