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ADA

Telling boss about disability counts as official notice

12/22/2016
An employee doesn’t have to tell HR about a disability to gain protection from discrimination. It’s enough for the employee to tell her supervisor.

EEOC makes Sharp point on disability rights violations

12/22/2016
Sharp Healthcare, a San Diego regional hospital system, has agreed to pay $90,000 to a surgical scrub technician to settle charges it violated the ADA when it refused to hire her.

EEOC targets mental health accommodation

12/22/2016
The EEOC has taken steps to inform employees suffering from common conditions like depression about their workplace rights.

Ensure wellness programs comply with new EEOC rules

12/22/2016
Know the new rules regarding financial inducements in employer-sponsored wellness programs.

Document efforts to identify reasonable ADA accommodations that will work

12/22/2016
Employers that document the ADA’s interactive process and offer multiple options seldom lose lawsuits alleging failure to accommodate.

PTSD is no excuse for employee’s misbehavior

12/20/2016
Employees don’t get a pass on bad behavior just because they are disabled.

When ADA is at issue, attendance is job requirement

12/12/2016
The longer an injured employee stays out, the less likely the employer will lose an ADA lawsuit over a subsequent termination.

Make sure job descriptions reflect reality

12/12/2016
If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.

Injury doesn’t necessarily mean employee is disabled

11/23/2016
Sometimes, employees misunderstand what it means to be disabled under the ADA and state disability laws.

Court: Sleep apnea test legitimate for truckers with high body mass index

11/14/2016
A federal appeals court has refused to reinstate a lawsuit over whether it constitutes an illegal medical test under the ADA to force someone with a high body mass index to undergo a sleep apnea test.