ADA

The ADA ‘snooze’ button: You may not be able to accommodate sleep apnea

07/05/2016

Some disabilities make it difficult for employees to arrive on time. In those cases, it’s entirely possible that the disability simply can’t be accommodated.

‘I’m having health problems’: 7 steps for handling the interactive conversation

06/21/2016

When faced with an employee who may have a physical or mental disability, a manager’s legal antenna should go up right away. The ADA requires employers to engage in an interactive dialog with employees to determine whether a disability can be accommodated. Do it wrong, and you’re probably looking at a lawsuit. Here’s how to handle the conversation.

Lowe’s settles disability bias claim with EEOC for $8.6M

06/09/2016

National home-improvement chain Lowe’s has settled charges it violated the ADA when it terminated employees after they exhausted the amount of leave the company permitted.

Keep careful records of all efforts to accommodate disability under the ADA

06/02/2016

If you have provided a reasonable accommodation for an employee who has a disability, make sure you document any subsequent changes to that accommodation.

Doubtful accommodations? Let employee try anyway

05/31/2016

Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

Absent health problems, obesity isn’t ADA disability

05/30/2016

Merely being obese is not a disability under the ADA, a federal appeals court has ruled.

Disabled employee wants to work from home? That may be a legitimate ADA accommodation

05/27/2016

Disabled employees with the right kind of jobs may be entitled to work from home or another remote location as a reasonable accommodation.

Abercrombie rule doesn’t cover ADA bias

05/27/2016

Last year, the U.S. Supreme Court’s EEOC v. Abercrombie & Fitch ruling made it clear that to prevail in a Title VII discrimination case, the employee only has to show that a protected characteristic such as sex or religion was a motivating factor in an employer’s discriminatory decision.

Flexibility makes for good accommodations–and a good strategy for winning ADA lawsuits

05/13/2016

Employers that exercise patience and remain flexible over the long term are best positioned to win an ADA failure-to-accommodate lawsuit filed by a disabled employee.

HR Minnesota Legal Briefs