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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.

CFRA: Light duty OK following injury

02/21/2018

A California employer didn’t violate the California Family Rights Act when it allowed a worker to return to light-duty work following an on-the-job light injury.

MHRA doesn’t require interactive process

02/14/2018

Disability protections under the Minnesota Human Rights Act differ from those set by the ADA. Employers covered only by the MHRA and not the ADA are free to reject a reasonable accommodation request without consulting with the employee.

Medical leave request: Consider ADA & FMLA

02/08/2018

A Tennessee employer faces an EEOC lawsuit alleging it unlawfully fired a worker after she asked for leave to deal with her anxiety. The case highlights an HR imperative: When dealing with an employee who has medical problems, you may need to consider the ADA in addition to the FMLA.

Don’t bad-mouth employees who miss work because of medical crises

02/07/2018

When HR staff make disparaging remarks about employees and their medical conditions, you can count on legal trouble.

No need to engage in accommodation process if disabled employee doesn’t request help

02/07/2018

Except in very rare circumstances, an employer isn’t obligated to provide an accommodation for a disabled worker who doesn’t ask for one. Otherwise, employers would be stuck having to read their employees’ minds.

Ensure job descriptions include enough detail

02/07/2018

What you designate as essential functions in a job description can make all the difference when faced with an employee who is demanding reasonable accommodations for a disability.

Filing deadline begins with accommodation denial

01/31/2018

Workers have just 300 days following an alleged violation to file an EEOC complaint claiming ADA disability discrimination. The clock starts ticking when the reasonable accommodation the employee requested is turned down, even if the employer then provided a different accommodation instead of the requested one.

Accommodation requests can affect unemployment benefits

01/26/2018

How you handle disability accommodation requests may determine whether a worker receives unemployment compensation if you terminate her after she’s used up all her leave.

Firing for absences under no-fault policy? Check for FMLA, accommodation requests

01/26/2018

Employees with disabilities who are also eligible for FMLA leave have limited protection from discharge if they miss work because of complications related to their disabilities. However, employers also have a legitimate right to expect workers to show up for work most of the time.