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ADA

Zika preparedness: Consider employee safety and legal issues

10/07/2016
As temperatures in the Northeast cool and mosquitos disappear until spring, the Zika virus may no longer be on people’s minds, but it should remain on your radar.

Revisit accommodations if they’re no longer effective

10/06/2016
It’s perfectly acceptable to periodically review ADA accommodations to ensure they still work.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Disabled employee’s accommodations a hassle?

09/07/2016
Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Relax! Your arbitration agreement is likely valid

09/04/2016
As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Nickle-and-diming plaintiff? Prepare to pay yourself

08/22/2016
If you pester an employee who is suing you with expensive pretrial tactics, you may wind up on the hook for his legal bills.

DHR ruling challenges disabled hiring practices in Bloomington, Minn.

08/15/2016
A “sheltered workplace” in Bloomington, Minnesota, where disabled employees are paid pennies on the dollar may face changes following a Minnesota Department of Human Rights ruling. DHR Commissioner Kevin Lindsey found probable cause that Opportunity Partners discriminated against a disabled worker when it refused to consider him for one of its fully paid staff positions.

Austin Park N Pizza pays $20,000 to settle disability suit

08/11/2016
Last year, the EEOC sued Austin’s Park N Pizza amusement park, alleging it failed to accommodate a disabled employee. Now the park has settled the dispute for $20,000 and significant injunctive relief.

DOT safety certification trumps ADA protection

08/11/2016

Some jobs require special government physical certifications as a pre-requisite to employment. These are generally designed to make sure the employee can safely perform a job that might otherwise put the public, or the employee, at risk of harm. What happens if such an employee becomes disabled?

EEOC issues guidance on leave as a reasonable accommodation

08/10/2016
Here are the key points of the guidance, which was prompted by a disability discrimination spike.