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ADA

Don’t nickel and dime ADA accommodations: Everything can’t be essential to the job

09/14/2009

Employers sometimes think they can get around the ADA requirements by calling every task in a job description “essential.” They hope they’ll be able to exclude anyone who can’t do absolutely every aspect of the job. But that strategy can backfire badly because not every task is essential.

Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires

09/10/2009

Employees who take their full 12 weeks of FMLA leave and can’t return to work lose their FMLA job protection. But that doesn’t mean they’re not still protected by the ADA. In fact, if an employee who can’t yet return to work asks for a reasonable accommodation—such as additional time off or a reduced schedule until she is ready for full-time work—you should consider the request.

Good news: ADA amendments can’t be invoked retroactively

09/10/2009

A federal court hearing a Minnesota case has concluded that the amendments to the ADA that were enacted in 2008 are not retroactive. That means you don’t have to worry that employees will sue over alleged violations that occurred before the amendments were passed …

2009 is ‘year of employee benefits’; more in the pipeline for 2010

09/08/2009

Employee benefits have been in the national spotlight right from the start of 2009. From the new FMLA and ADA rules that took effect in January to today’s white-hot health care debate, employers are dealing with important changes and “could-be” changes. Let’s look back at the year in benefits and ahead to what could be coming.

Asperger’s syndrome may be an ADA disability

09/08/2009

Asperger’s syndrome may be a covered disability under the ADA, a federal court hearing an Ohio case has concluded. Asperger’s is a developmental disability characterized by “severe and sustained impairments in social interaction,” according to the American Psychiatric Association. The condition is permanent and is similar in some respects to autism.

Former crew leader sues Teknor Color for disability bias

09/08/2009

A former Teknor Color Co. employee is suing the Jacksonville company for violating the ADA and the Civil Rights Act when it terminated her from her crew leader position.

Employers preparing for swine flu’s second wave

09/02/2009

The World Health Organization raised the swine flu alert to its highest level, saying the H1N1 virus has reached global pandemic levels. Your best HR defense is a good offensive plan to handle the logistical and employment law issues …

Rely on individual disability accommodations; you won’t be targeted for a class action

08/25/2009

Here’s a bit of good news for employers: While class-action lawsuits have been all the rage in recent years, the 3rd Circuit Court of Appeals has refused to expand the types of cases that can become class-action claims when the ADA is at the heart of the case.

Depressed gas worker wins $1.8 million in ADA case

08/25/2009

An Atlantic City jury has awarded Scott Jones $1.8 million in his suit against his former employer, South Jersey Gas, after the company dismissed him for poor work performance. Jones claimed his poor performance was due to his battle with depression and that the company failed to discuss accommodations of his condition.

Avoid the ‘D’ word: Never mark ‘disabled’ on personnel files

08/20/2009

A key part of the ADA is the so-called “regarded as” rule. Essentially, it says that if your organization treats an employee as if he or she is disabled, then the employee earns the job protections provided under the ADA—even if he or she isn’t truly disabled. What does it take to “regard” someone as disabled? It can be as simple as jotting “disabled” on an application or employee paperwork.