ADA

Follow 3 rules of pre-hire medical tests: Timing, privacy, job descriptions

02/24/2016

If you perform pre-employment medical tests on applicants, take your cues from the following case to avoid running afoul of the Americans with Disabilities Act.

Disabled worker must request accommodation

02/11/2016

Employees who claim they are disabled and need an accommodation must do two things: Tell their employer that they are disabled and request a reasonable accommodation.

Transfer away from alleged harasser may be an ADA reasonable accommodation

02/04/2016

Usually, judges rule it’s not a reasonable ADA accommodation to not have to work for a particular supervisor. In other words, a disabled worker can’t demand a transfer away from a specific supervisor, even if that supervisor may aggravate the employee’s disability.

Beware blanket ban on religious expression

02/02/2016

Employees have a right to reasonable accommodation of their religious practices. That means employers must try to find ways for employees to exercise their beliefs unless doing so would be an undue burden.

When employee must care for loved one, beware liability for association bias

01/29/2016

Watch out for a growing litigation danger known as association discrimination. More courts are allowing ADA lawsuits to move forward based on suspicion that an employee who has a disabled family member was punished because he might miss work in the future.

ADA: It’s OK to just agree to accommodation

01/25/2016

When a disabled employee asks for a reasonable accommodation, the employer is supposed to engage in an interactive process to explore the options. But what if you prefer to skip the discussion and simply agree to the employee’s suggested accommodation?

Feds target no-fault attendance

01/08/2016

No-fault attendance programs were designed to be completely objective, the idea being that all absences and therefore all workers are treated equally. But the FMLA and ADA require employers to know why an employee was absent, so the “hear no evil” approach can’t work.

Could yelling at the boss be an ADA disability?

01/04/2016

Q. One of our employees recently shouted at his supervisor, and in doing so violated a work rule. In the course of counseling and disciplining—but not discharging—this employee stated for the first time that he has a disorder which might have caused his conduct. May we still discipline this employee?

Document every ADA accommodation offer

12/16/2015

Sometimes, an employee doesn’t want to ask for disability accommodations, even though it would help him perform his job. Regardless, document your offer to accommodate. That could be a legal life-saver if you ever have to terminate the employee for poor performance.

Question in Dallas: Can elected official claim ADA protection?

12/07/2015

Dallas District Attorney Susan Hawk, who admits she has a history of mental illness and drug abuse, checked herself into an inpatient treatment facility. Now, she maintains she is back on the job and fully capable of performing it. Not everyone agrees.

ADA