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ADA

Is left-handedness a real disability?

02/20/2013
Q. An employee recently complained that we have failed to accommodate his left-handedness. He argued that all our desks are constructed for right-handed people. To accommodate his left-handedness, he is requesting an expensive new piece of office furniture. Do we have to accommodate him?

ADA: Firing OK if health problem is minor

02/20/2013
Firing someone because you be­­lieve he has a disability violates the ADA under some circumstances, but not all. If the disabling condition is transitory and minor, you can terminate without violating the ADA.

ADA: No need to eliminate essential functions

02/07/2013
Some disabled employees think employers should drastically modify their jobs so they are do-able, even if that means removing essential functions from job descriptions. Fortunately, there’s no such requirement.

Must you offer more leave after FMLA ends?

02/04/2013

Do you have a draconian FMLA leave policy that calls for automatic termination for employees who use up their FMLA entitlement before being cleared to return to work? If so, you’re playing with fire. That’s because employees may be eligible under the ADA for additional time off.

Charlotte nursing home settles disability suit

02/01/2013
The company that operates a nursing home in Charlotte will pay a former employee $50,000 to settle charges it failed to reasonably accommodate her depression.

Can not knowing how to read be a disability?

01/25/2013
Q. Is illiteracy considered a disability under the ADA? And if it is, what accommodations would we be expected to make, as an employer?

Filing for workers’ comp doesn’t qualify as ADA protected activity

01/25/2013
Here’s a bit of good news. Just because an employee claims she was hurt at work and files for workers’ compensation doesn’t mean she automatically has a federal ADA retaliation case if she’s fired.

Why bother with job descriptions? 3 reasons

01/22/2013
Writing job descriptions for all of the positions in your company may sound like a lot of work, especially when they are not required by any law. But there are plenty of legal reasons why you should have them.

New DOL guidance on FMLA leave to care for adult children

01/14/2013
It has always been understood that employees are entitled to take FMLA leave to care for minor children with serious health conditions. But it’s been less clear how the FMLA applies to employees who need time off to care for an adult son or daughter. Now the U.S. Department of Labor has weighed in with guidance.

Consider more leave, different job as ADA accommodation after FMLA leave expires

01/11/2013
When an employee works in a demanding position and has a medical crisis, he may not be able to return quickly to his old job. It’s en­­tirely possible he may use all available FMLA leave and other accrued leave and still receive clearance to work. That doesn’t mean his employer isn’t obligated to try to reasonably accommodate him.