ADA

How risky is it to fire a pregnant employee having attendance problems?

06/20/2013

Q. An employee has been with us for less than a year, so she isn’t yet eligible for FMLA leave. Last month she missed five days because her child had a high fever. She used available PTO for the time off. Last week, she was no-call/no-show for three days. She told the supervisor she had been hospitalized because of pregnancy complications and didn’t have access to a phone and was sedated. She provided a doctor’s note that released her to return to work, but stated that she may need to be put on bed rest. The supervisor would like to terminate her because we can’t afford to continue employing someone so unreliable. Can we do this?

Supreme Court won’t nix ADA reassignment

06/18/2013

The U.S. Supreme Court on May 28 let stand a lower court’s ruling that employers may be required to reassign a disabled employee to a vacant position as an ADA reasonable accommodation if the employee can’t perform his or her current job.

How to comply with the GINA genetic information law

06/07/2013

The Genetic Information Nondiscrimination Act was enacted in 2008. It prohibits employers from discriminating against employees on the basis of their genetic information.

Employees who need help with a disability don’t need to say ‘ADA’ or ‘accommodation’

06/05/2013

Under the ADA, employees don’t have to ask for an “accommodation” for their ailments. They merely have to provide enough information for you to realize that’s what they need. It’s up to you to understand their legal rights—then start the interactive dialogue to arrive at a “reasonable accommodation.”

Co-worker violence blamed on psychological disability: Can we ask for a medical certification?

06/03/2013

Q. An employee of ours accused a co-worker of threatening him with physical harm. When we confronted the accused employee, he attributed the behavior to his psychological disorder and to a recent change in his prescription. We would like to verify the employee’s claims. Are we permitted to ask the employee for medical certification of his disability and a doctor’s statement regarding his prescribed medications?

Employer pulls job offer, attracts ADA lawsuit

05/31/2013

The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.

Disabled worker can’t perform? OK to terminate

05/31/2013

Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.

Employee won’t even try ADA accommodation? That ends your obligation

05/28/2013

Here’s a bit of good news for employers that try to accommodate disabilities but whose efforts are rejected out of hand: When you offer what looks like a reasonable accommodation and an employee refuses to even try it, you are no longer obligated to retain her. A worker who rejects an offered accommodation is no longer covered by the ADA if she doesn’t even try it first.

EEOC offers new guidance on ADA and common disabilities

05/24/2013

The EEOC has issued four revised guidance documents addressing how the ADA applies to applicants and employees with cancer, diabetes, epilepsy and intellectual disabilities.

Employee acting strangely? When can you require a mental exam before she returns?

05/23/2013

Let’s face it: Some employees are a bit unusual. They may do a good job, but their personal quirks may make other employees feel uncomfortable. Before you rush to demand the employee get counseling or see a doctor, remember that the ADA prohibits such requests unless there is a clear business necessity for the exam.

ADA