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ADA

ADA hostile environment claim moves forward

08/03/2017
To date, the 2nd Circuit Court of Appeals has not ruled definitively that the ADA provides an avenue for a claim of a hostile work environment based on disability. That may soon change. A lower court has approved such a case for trial.

When is telecommuting considered a reasonable ADA accommodation?

08/03/2017
Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?

How should staff conducting employment interviews accommodate deaf applicants?

08/03/2017
Q. The recruiting manager of our company is interviewing a deaf applicant for an open position. What should she keep in mind during the interview?

Late despite accommodation? OK to discipline

08/03/2017
What can you do about a disabled employee who has requested a late starting time as a reasonable accommodation—and still can’t manage to get to work on time? You can and should discipline her just as you would any other employee with attendance problems.

Open-ended leave isn’t reasonable ADA accommodation, also won’t work on age bias

08/02/2017
A request for indefinite leave can sink more than an ADA claim. A federal court has dismissed an age discrimination case because the employee could not say when he would be able to work again.

ADA: No requirement to create brand-new job

08/02/2017
Disabled employees may be entitled to transfer to an existing and open position, but they have no right under the ADA or the Rehabilitation Act to demand a job be created specifically as an accommodation.

Employer–not disabled employee–gets to choose the reasonable accommodation

08/02/2017
When an employer offers a legitimately reasonable accommodations for a disabled employee, it has fulfilled its obligation under the law. It doesn’t matter if the employee wanted some other accommodation or wasn’t happy with the level of employer/employee interaction used to arrive at the accommodation.

Beware accommodation problems when you might be part of joint employer arrangement

07/19/2017
When it comes to employment law compliance, arrangements involving staffing companies sometimes prompt the question: Just who is the employer, the staffing agency or the client? Often, the answer is that either or both of them may be liable for employment law violations.

Patience required to ensure lawful ADA reasonable accommodations process

07/17/2017
Employers that patiently go about the sometimes complicated business of identifying reasonable accommodations for disabled employees seldom end up losing in court. The key is to take the ADA seriously and work with the employee at every stage.

Top 10 FMLA and ADA issues employers must know how to handle

07/12/2017
When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most challenging FMLA and ADA issues HR struggles to handle.