ADA

How can we prevent a workers’ comp claim from an older, accident-prone employee?

09/30/2015

Q. One of our employees is over age 70 and has had a broken foot, memory problems and a recent car wreck that caused some residual problems. Should we allow him to work? What can we do to protect ourselves from potential workers’ comp claims should he injure himself?

No magic words needed to ask for ADA accommodations

09/30/2015

Disabled employees who want reasonable accommodations don’t have to specifically use those words.

Court: You don’t have to be clairvoyant about ADA

09/24/2015

Merely complaining about aches and pains isn’t enough to put an employer on notice that an employee is disabled and needs an ADA accommodation.

Working overtime hours can be an essential function

09/14/2015

Working overtime can be an essential job function. If disabled employees can’t work overtime, you may not have to accommodate them.

FMLA or ADA request? Don’t let that derail legitimate discipline or termination decisions

09/10/2015

Firing someone right after she requests FMLA leave or an ADA accommodation can often trigger a lawsuit. But timing close alone won’t sink your chances of winning—as long as you have a valid business reason for discharging the employee that is unrelated to illness or disability.

Trio of EEOC charges leads San Antonio firm to settle

09/09/2015

San Antonio-based Taprite Fassco has settled gender, disability and retaliation charges leveled by a female quality control employee. Taprite Fassco manufactures carbon dioxide regulators for soda and beer dispensers.

It’s sometimes OK to fire disabled employee, but it’s a mistake to cite medical costs

09/09/2015

Before terminating someone who is disabled, make sure that you don’t inadvertently create a reason for them to sue you.

Employee quitting for medical reasons? Consider offering accommodation

09/01/2015

Employees who quit their jobs for “necessitous and compelling” reasons may still be eligible for unemployment compensation benefits. Quitting because of medical problems sometimes qualifies. That’s why employers should consider offering accommodations if an employee says he needs to quit for medical reasons. An accommodation offer may mean there’s no “necessitous and compelling” reason to quit.

Consider disabled employee’s request for accommodation–even if you think it’s futile

09/01/2015

Supervisors who ignore an employee’s initial oral request for a reasonable accommodation risk exposing their employer to liability if the employee quits and sues. Never dismiss such a request out of hand.

No formal ADA accommodation request required

08/26/2015

Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.

ADA