ADA

Requiring employees to undergo health-risk assessments could violate the ADA, says EEOC

04/17/2009

The EEOC recently said that employers should not require employees to take health-risk assessments in order to obtain health coverage through the employer. Such tests could violate the ADA’s rules against disability-related inquiries.

United Airlines to pay $850,000 settlement for disability bias

04/14/2009

Chicago-based United Airlines agreed to settle a disability discrimination suit stemming from practices at San Francisco International Airport. The case involved a United policy restricting overtime for workers who had been placed in light-duty assignments.

Unequal performance standards shout—not whisper—disability discrimination

04/09/2009

Treating disabled employees differently than others raises all kinds of red flags that disability discrimination may be afoot. For example, setting higher standards for disabled employees than you do for others is a surefire way to end up in front of a jury, as the following case shows.

How far must we go to accommodate deaf clients?

04/09/2009

Q. My company provides health care services. Recently, a deaf client said we had to pay for a sign language interpreter. Is that true?

Tell well-intentioned managers: You must route all ADA accommodation requests through HR

03/26/2009

Sometimes, immediate supervisors want to be helpful when a valued employee asks for disability accommodations that seem reasonable. Instead of having HR handle the ADA process, they just make the accommodations themselves. That’s a scenario for trouble down the line.

‘100% healed’ policy is 100% wrong, court says

03/26/2009

The federal court for the Middle District of Pennsylvania recently ruled that UPS’ policy of requiring injured employees to be fully healed before they can return to work constitutes discrimination under the Pennsylvania Human Relations Act.

Can we ask applicants to take a TB test?

03/24/2009

Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.)

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.

Assign HR staffer to monitor and update employees’ ADA accommodations

03/13/2009

Don’t think it’s the end of the story once you have offered an ADA accommodation to a disabled employee and put it in place. Disabilities change, equipment fails and technology improves, making the accommodations process a continual one. Here’s what you risk if you make an accommodation and walk away without ensuring the accommodation actually works.

Use solid research to back business-necessity defense when deciding not to accommodate

03/09/2009

Few employers win ADA cases by using a business-necessity defense. That’s probably because few employers take the time to really lay out why their business cannot accommodate a particular disability. Now the 11th Circuit has decided a business-necessity case that can serve as a blueprint for employers that want to use it effectively.

ADA