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ADA

Wilmington medical center settles ADA dispute for $146K

11/01/2012
The New Hanover Regional Medi­­cal Center in Wilmington will pay $146,000 to a class of applicants and employees because the hospital erroneously regarded them as disabled.

Suspect employee has relapsed into drug use? Never say so without proof

11/01/2012

Under the ADA, it’s illegal for employers to discriminate against employees who have a history of drug addiction but who aren’t current users. Before you or anyone else in management comments on suspicions that an employee has backslid, make sure you have evidence to back the claim.

Handicapped man fired for limping, typing too slowly

10/27/2012
A former employee in Bank of America’s mortgage office in Pittsburgh is suing the bank, claiming he was fired because of his disability.

ADA warning for bosses: You’re not qualified to diagnose employees’ mental illness

10/27/2012
The ADA protects employees with mental health problems from discrimination. That makes it dangerous for managers to engage in armchair psychology.

ADA: You choose which accommodation to use

10/22/2012
Disabled employees are entitled to reasonable accommodations. But that doesn’t mean they get to select the one accommodation they prefer. As long as the accommodation is reasonable, the employer gets to choose which one best fits the situation.

Is this asking for trouble? Our sick policy requires a doctor’s note containing a diagnosis

10/18/2012
Q. Our policy states employees must provide a doctor’s note if they take sick leave of three or more days. Are we violating any laws by demanding the doctor’s note, which includes a diagnosis?

Must we employ someone with allergies?

10/18/2012

Q. We recently hired someone we didn’t know has a severe allergy to peanuts. If she even smells peanut butter, she has a severe allergic reaction, requiring her to use an EpiPen and head to the emergency room. Could we have refused to hire her if we had known about her allergies?

7th Circuit: Disabled have preference for vacant jobs

10/18/2012
The 7th Circuit Court of Appeals has ruled against United Airlines in a disability accommodation case that could ultimately end up before the U.S. Supreme Court.

Beware ADA lawsuit when firing worker who had previous workers’ comp claim

10/18/2012

If you know an employee has previously been injured at work and collected a workers’ compensation settlement, you may consider transferring him for fear he’ll hurt himself again. Resist that temptation. Taking any kind of adverse em­­ployment action could be construed as discrimination based on disability or perceived disability.

Do we have to tolerate threats from bipolar worker?

10/17/2012

Q. After an employee threatened a co-worker with violence, we gave her a warning. When she did it again, she told her boss she was bipolar and going through a prescription change. She was unaware she made the comments. Do we have to tolerate this behavior now that we know she may be disabled?