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ADA

ADA access obligation applies to customers and public as well as employees

09/07/2017
When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.

Beware trumped up reasons for firing

09/07/2017
Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.

EEOC suit accuses PPG of disability discrimination

08/30/2017
When Pittsburgh-based PPG Industries purchased paint supply company Revocoat, it inherited a plant in Michigan—and an ADA problem.

Hershey faces ADA suit

08/30/2017
A fired worker in Seattle alleges chocolate giant The Hershey Co. wasn’t very sweet to her when she asked for a reasonable accommodation for her bad back.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

EEOC on the way? Prepare your supervisors

08/24/2017
If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.

Move on if employee won’t discuss ADA accommodation

08/21/2017
Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?

Never pre-judge obviously disabled applicants

08/17/2017
Pre-judging an applicant with an obvious disability can lead to big legal trouble. Just mentioning such a disability—think needing crutches to walk, for example—can become the basis for a discrimination lawsuit if the applicant isn’t hired.