ADA

What turkey fired the HIV-positive employee?

02/24/2012

Butterball, the Garner-based turkey processor, faces EEOC disability discrimination charges after it allegedly tolerated harassment against an HIV-positive employee and then fired her after she complained.

Dubious request for ADA accommodation? Be prepared to document rationale for denial

02/24/2012

What should you do if an employee produces a health care professional’s diagnosis of stress, anxiety and post-traumatic stress disorder (PTSD), along with a recommendation to reassign the employee? Do you accept that the employee is disabled and consider the reassignment as a reasonable accommodation?

Employee acting as her own lawyer? Prepare for a long slog through the legal system

02/22/2012

Ten years of litigation has finally come to an end now that a federal appeals court has tossed the last claims of an employee who acted as her own lawyer.

Excessive bathroom use: a real disability?

02/13/2012

Q. We have a couple of employees who get tardies for being late and their excuses have been that they’re in the bathroom due to a disability. So I follow them to the bathroom because I know they are lying. Am I breaking the law by following them? Is this considered harassment? It’s getting out of hand.

Know Minnesota’s disability law: State statute has lower threshold than federal ADA

02/09/2012

Under the ADA, employees who claim to be disabled must show that their condition substantially impairs a major life function. Minnesota has its own version of the law. It requires that employees show their condition materially impairs a major life function. That’s a lower standard, but still a tough one for employees to prove.

Accommodate–don’t dismiss–disabled worker

02/09/2012

Disabled employees may have trouble doing their jobs without an accommodation. If you simply tell the employee to figure out a way to perform the job and refuse to help find an accommodation, the employee may quit and apply for unemployment.

Fed contractors face new disability staffing quotas

02/08/2012

The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.

Beware asking applicants about medical histories before making job offer

01/31/2012

Tempted to ask applicants about their past medical history, disabilities or other private information related to potential disabilities? Don’t do so before you make a job offer.

Asthma and allergies aren’t always disabilities

01/31/2012

Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that employers have to create an allergen-free environment.

What to do if disability emerges after offer

01/27/2012

Job applicants aren’t required to reveal disabilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

ADA