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ADA

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012
There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.

Reasonable accommodation? Not employee’s call

09/26/2012

Some disabled employees think the ADA allows them to demand a particular accommodation and turn down their employer’s suggestions. That’s not true. Employees don’t have to like the accommodations you propose …

Are we allowed to fire a mentally ill employee who makes threats?

09/20/2012

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

Can we insist that doctors’ notes include a diagnosis of an employee’s medical condition?

09/20/2012

Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.

Employee behaving strangely? Think twice before urging her to seek counseling

09/13/2012

Do you have an employee you think is acting strangely? Do you think she might benefit from counseling? Before you tell her she needs to get help, consider that she just might try to sue you instead. That’s especially true if she refuses counseling and then loses her job.

ADA requires accommodation of customers with service dogs

09/10/2012
Under the ADA, customers or employees may bring service animals with them to work or to a public place like a restaurant or a store. Smart employers make sure employees know their obligations and treat the animal and its owner appropriately.

Worker must articulate ADA needs, alterations

09/10/2012
After you have implemented a reasonable accommodation for a disabled employee’s medical restrictions, it’s up to the employee to ask for any modifications that may be necessary.

Houston defense firm pays up in ‘regarded as disabled’ case

09/04/2012
BAE Systems Tactical Vehicle Sys­­tems of Houston has agreed to settle a disability discrimination suit filed on behalf of a morbidly obese former employee.

Doc clears return to work? Disability unlikely

08/23/2012

When an employee has a life-threatening and acute illness, he may need time off to recover. That’s a legitimate use of FMLA leave. But what if the employee fully recovers and comes back to work with a clean bill of health from his doctors, yet still feels weaker, more fatigued and not quite back to full health?