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ADA

Yes, you’re entitled to specifics about claimed disability

03/02/2026
Not all medical conditions that individuals have are covered disabilities under the law. To count, the individual must have a physical or mental condition that substantially impacts a major life function. That’s the test for whether employers must accommodate.

Solid job description key to denying accommodation after hire

01/26/2026
The Americans with Disabilities Act was passed to allow qualified disabled workers the opportunity to enter the workforce if they can perform the essential functions of their job with or without a reasonable accommodation. But employers shouldn’t assume a disabled applicant can’t perform the job even with an accommodation before they hire the otherwise qualified applicant.

Tackling the top HR problems in the first quarter

01/12/2026
The new year is here, and with it, the big HR headaches of the first quarter of 2026 are coming into focus. Here are some of the crucial issues we will be covering as the Trump administration enters its second full year.

Considering offering temporary telework? It needn’t become permanent

01/12/2026
Employers are often urged to determine reasonable accommodations quickly to avoid being accused of slowing the process as a way to avoid their obligations. But employers also naturally fear that if they temporarily approve an accommodation, they’re stuck with it forever. Fortunately, that’s not the case, as a recent decision shows.

Can employers drop telework accommodations for disabilities?

01/05/2026
Until recently, courts had been less willing to approve telework, concluding that employees must show compelling evidence that they can perform the essential functions of their jobs while working remotely. But post-COVID, that’s changed. If telework was feasible when it benefited employers, perhaps it’s reasonable when it is workers who need telework as an option.

EEOC lawsuit highlights how not to use a point-based absenteeism system

12/22/2025
A recently filed EEOC lawsuit against JCPenney highlights how employers must account for absences under an attendance point system. While such systems cut down on employees whose absence causes scheduling problems, managers and supervisors must be trained on how to handle call-offs that may be covered under the FMLA, ADA and PWFA.

President Trump reclassifies marijuana

12/22/2025
President Trump signed an executive order changing how marijuana is handled under the federal Controlled Substances Act. The drug has been reclassified to Schedule III, from its previous classification as a Schedule I drug, along with heroin and other drugs with high addiction and abuse potential and little or no established medical uses.

EEOC files class action on behalf of recovering addicts

12/22/2025
In a new class-action lawsuit, the EEOC claims that a blanket rule against hiring applicants who take prescription medication to treat illegal drug addiction violates the ADA. While the ADA fails to protect current users of illegal drugs, it protects those in recovery.

Strict ADA no-return policy nets worker almost $27 million

11/03/2025
Employers can’t simply look at an injury or disability and conclude that the individual can’t do their job or the one they’re applying for. Skipping an individualized assessment in favor of a strict no-return policy following an injury violates the law.

Supreme Court starts new term—key employment law cases on the docket

10/14/2025
The Supreme Court has started the 2025–2026 term, and it looks to be an interesting one for employers. Here’s a breakdown of pending cases and issues.