ADA

Texas agencies may be immune to ADA claims

11/15/2017

Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.

No ADA violation if accommodation is found outside interactive process

11/15/2017

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

Don’t base hiring decision on medical history

11/09/2017

When evaluating applicants, you may consider whether their current health affects their ability to do the job, but you can’t factor in old injuries or medical conditions.

Disability doesn’t provide immunity from discipline or termination

11/08/2017

Some workers wrongly believe a disability immunizes them. If they are disciplined or terminated, they often sue. Those lawsuits will be dismissed early in the legal process if the employer takes the litigation seriously and explains exactly why the worker was disciplined or fired.

Worker must choose: Totally disabled or disabled needing accommodations

11/02/2017

An individual who applies for disability benefits, asserting that she is totally disabled, can still claim she’s entitled to reasonable accommodations under the ADA. However, she will have some explaining to do.

What are our obligations under the California Employee Literacy Education Assistance Act?

11/01/2017

Q. An employee recently disclosed that he is illiterate and asked for our help in finding an adult literacy education program. What are our obligations toward this employee under California law?

ADA and FEHA: Always document interactive discussion process to find accommodations

11/01/2017

The presumption is that by discussing possible accommodations, the employer and worker will arrive at some sort of consensus. Employers that don’t take this seriously risk being sued for failing to engage in the interactive accommodations process.

Health care employers: On immunization, balance patient safety, employee rights

10/31/2017

Many health care workers regularly deal with patients whose immune systems are compromised and who could suffer catastrophic consequences if exposed to an otherwise mild illness. What’s such an employer to do if a worker refuses to get an appropriate shot?

100% healed back-to-work rule could backfire

10/26/2017

Do you have a companywide policy that requires all workers who are out on leave to get a doctor’s certification that they are completely healed before they can return to work? Such a rule may run afoul of the ADA.

Lawsuit alleges ADA violation? Check if employee actually requested accommodation

10/23/2017

Employees are entitled to reasonable accommodations for disabilities in order to perform the essential functions of their jobs. But employers don’t have to guess whether an employee needs an accommodation—the employee must ask for help.

ADA