ADA

ADA lawsuits take an ominous turn: Court rules EEOC can file group claims

02/29/2016

The ADA protects disabled applicants and employees from discrimination based on disability and requires employers to reasonably accommodate known disabilities.

You can establish rule calling for discharge if injury causes lengthy absence

02/25/2016

A reasonable rule that says an employee will be discharged if she has been off work with an injury for one year or more is legal under California law.

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?

ADA