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ADA

ADA: The Limits of Accommodation

04/22/2017
White Paper published by The HR Specialist ______________________ The Americans with Disabilities Act (ADA) isn’t an open-ended demand that employers do whatever is necessary to accommodate workers with disabilities. The law requires employers to make “reasonable” accommodations to allow a disabled worker to perform the essential functions of his job. The key question: What is […]

‘No pet’ policy doesn’t cover emotional-support animals

04/20/2017
A Florida trucking company refused to hire a military veteran who used a service dog, citing its “no pets” policy.

Part-time work isn’t always reasonable accommodation

04/19/2017
A court has concluded that, for some jobs, full-time attendance is an essential function. When that’s the case, an employer has no obligation to create a part-time position to accommodate an employee’s disability.

Not sure employee is disabled? Accommodate and wait for clarification

04/12/2017
There’s nothing wrong with accommodating and requesting more information at the same time.

Employee must give accommodation a chance

04/08/2017
The employee can’t just quit and then expect to receive unemployment compensation benefits.

Philadelphia settles ADA failure-to-accommodate suit

04/06/2017
The EEOC and the city of Philadelphia have reached a settlement concerning a disabled city sanitation worker.

No investigation? That’ll be $4.5 million

03/30/2017
Say a manager claims a subordinate broke the rules and wants him fired. Don’t just take the boss’s word for it and rubber-stamp that termination recommendation.

New hire wasn’t qualified? Disability is irrelevant

03/29/2017
A disabled worker has to prove that he would be otherwise qualified.

Granting leave may trigger ‘regarded as disabled’ claim

03/15/2017
Approving leave for someone who has claimed a disability may mean you are regarding the employee as disabled. Effectively, that may mean he really is disabled for ADA purposes.

ADA accommodation can’t be based on disabled employee’s promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.