• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Temporary injuries aren’t disabilities under the ADA

06/09/2015
Don’t assume that every injury is a disability. Many times, injuries heal within a few weeks or months with proper treatment and don’t end up as disabilities protected by the ADA.

Telecommuting not always a reasonable ADA accommodation

06/09/2015
A federal appeals court has ruled that telecommuting is not always a reasonable accommodation under the ADA. The case involved a Ford employee suffering from a disability, but the court found that on-site attendance was an essential function of the plaintiff’s job.

Long list of EEOC complaints costs Chicago temp agency $800K

05/31/2015
A Chicago-area staffing agency that checked almost all the boxes on the EEOC’s what-not-to-do list has agreed to settle two lawsuits filed on behalf of temp workers.

Caltrans liable for not addressing accommodation requests

05/20/2015
The California Court of Appeal has upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation and failure to engage in the interactive process.

Oakland, Ca. children’s hospital settles ADA complaint

05/20/2015
The Children’s Hospital and Research Center in Oakland has reached a settlement with an employee who had cancer and was fired for taking too much medical leave.

Hidden disabilities: What’s your duty to accommodate?

05/18/2015
While the Americans with Disabilities Act says you must offer a “reasonable accommodation” to disabled employees, how obvious must the person’s disability be before you fall under that requirement? And what is the employee’s duty to alert you and request the accommodation? As this case shows, courts don’t expect you to play a guessing game with your staff. Employees have a responsibility to explain their conditions and request an accommodation.

FMLA and ADA accommodation: Don’t dismiss request to work from home

05/06/2015

If, after FMLA leave, an employee asks for more time off or to work from home, handle the request just like you would another disabled employee’s reasonable accommodation request. Verify the disability and discuss possible accommodations before you reject the request. Otherwise, a jury may hold you liable.

Can smokers claim an ADA disability to justify taking lengthy smoke breaks?

05/04/2015
Q. I own and run a paper company in Texas. Some of my employees who are cigarette smokers regularly take more breaks than the two, 15-minute breaks that are allowed under their employment contract—and some of the nonsmokers in the office are getting angry. When I confront the smokers about this conduct, I am increasingly hearing them make an unusual claim—that they have a “disability” and are protected by law. What should I do?

Stress from tough boss isn’t a disability

05/04/2015
Some supervisors are hard to handle, especially for subordinates sensitive to criticism. But the resulting stress isn’t usually a disability under the ADA and therefore doesn’t have to be accommodated.

Supreme Court: Rethink pregnancy leave policy

05/01/2015
The U.S. Supreme Court recently issued a long-awaited ruling that aimed to settle the controversy surrounding when employers must give light-duty work to pregnant employees.