• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly


ADA & FMLA: Absence does not make the heart grow fonder

A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

Beaumont, Texas firm sued for firings based on costly medical risk

Signature Industrial Services, a refinery services company in Beaumont, faces an EEOC lawsuit after it fired three brothers, allegedly because they have hemophilia.

Suddenly stopped informal accommodations? Get ready to defend decision in court

Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Employers cannot simply develop a list of one-size-fits-all accommodations for a particular condition.

Ensure fair treatment after return to work

The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.

Document all efforts to find ADA accommodations

If an employee tells you he has a new medical condition that qualifies as an ADA disability, document all discussions you have about possible accommodations.

Employee fired shortly after filing complaint? Brace yourself for a retaliation lawsuit

An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.

The easiest accommodation: Additional time off

Consider offering additional medical leave as an accommodation—even if the worker isn’t eligible for any more.

Not all accommodations are possible to implement

Employers, not disabled employees, get to pick the accommodation.

EEOC pursues service-related harassment

The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.

Bill would make it harder to file ADA accessibility lawsuits

If enacted, H.R. 620 would require plaintiffs filing accessibility complaints under Title III of the ADA to first contact the business to provide them an opportunity to make repairs before any legal action is taken.