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ADA

Employee must show how chronic pain prevents work

03/22/2018
In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.

Telecommuting isn’t always a reasonable accommodation for disabled workers

03/22/2018
Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.

Disabled workers rejoin job market

03/20/2018

About 10% of working age people who described themselves as disabled in 2016 found jobs in 2017.

Watch out! Employee can win punitive damages even if he suffered no loss

03/14/2018

An employee can collect punitive damages even if a jury finds that no other damages are due.

Short ADA accommodations delay no problem

03/13/2018

Coming up with an accommodation isn’t always easy. It’s OK to temporarily assign the worker to different tasks or another department while you figure it out.

Lowe’s must pay after yanking ADA accommodation

03/13/2018

Lowe’s Home Centers has agreed to pay $55,000 to settle charges it violated the ADA when it demoted a supervisor at its store in Cleburne, Texas.

Easy disability accommodation? Just do it!

03/08/2018

Sometimes, it makes sense to simply agree to a disability accommodations request that sounds low-cost, easy to implement and convenient.

Beware discipline if outburst reveals disability

03/06/2018

Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.

FEHA has lower disability threshold than ADA

02/21/2018

California employers must be mindful that it is easier to qualify as disabled under California law than under the federal ADA.

Regardless of prior leave, prepare to offer more time off as a reasonable accommodation

02/21/2018

Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.