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ADA

ADA accommodations depend on accurate job descriptions

04/20/2023
An up-to-date job description is essential for making ADA accommodation decisions.

Understand your obligation to accommodate disabilities arising from long COVID

04/17/2023
With the national COVID-19 pandemic emergency set to expire on May 11, it’s tempting to put the coronavirus crisis behind us. Unfortunately, it won’t be easy. That’s because millions of American workers may be disabled in the aftermath of one or more bouts with COVID-19 and its variants, suffering from post-COVID conditions commonly called long COVID.

3 lawsuits show EEOC is serious about COVID-related disabilities

04/03/2023
According to its most recent data, the EEOC has received about 6,000 COVID-related complaints. Of those, about 60% involve alleged violations of the ADA, including disability-discrimination claims focusing on telework as an accommodation and discrimination against workers perceived as vulnerable to serious COVID-19 outcomes.

How to accommodate an emerging disability: Postural Orthostatic Tachycardia Syndrome

03/16/2023
Some disabilities are so obvious that employers know how to reasonably accommodate them. But what about rare or emerging disabilities?

Requiring employees to return to the office: The next ADA accommodation battleground?

03/10/2023
With the emergency COVID declaration set to end in May, Disney CEO Bob Iger had decreed that almost all the company’s remote and hybrid workers had to return to the office four days per week beginning March 1. Iger argues that on-site work is essential to maintaining the company’s creative edge.

How to handle long COVID under ADA, FMLA

02/23/2023
A new study from New York’s largest workers’ comp carrier says long COVID contributes significantly to current labor shortages and harms productivity.

Read the EEOC’s new rules on hearing disabilities

02/21/2023
The EEOC has issued new technical assistance for employers on accommodating applicants and employees with hearing disabilities. It’s timely guidance; the EEOC has filed or settled several cases involving deafness in the past year alone.

Alcoholism: Be prepared to accommodate it under both the ADA and the FMLA

02/16/2023
Responding to the latest federal Behavioral Risk Factor Surveillance System survey, more than half of U.S. adults reported drinking alcohol in the previous 30 days. One study placed the overall cost of alcohol abuse at more than $249 billion per year. The Centers for Disease Control and Prevention says employers bear 72% of that cost because of lost productivity.

Consider single process for accommodations

02/16/2023
Now might be the right time to standardize your processes for handling reasonable accommodations. Two new laws requiring accommodations just went on the books.

DOL: Fresh guidance on remote worker rights, FMLA vs. ADA

02/10/2023
The Labor Department’s Wage and Hour Division on Feb. 9 issued two new guidance documents affecting employers with remote workers and FMLA-eligible employees who must work reduced schedules to manage their serious health conditions.