ADA

Yes, covid-19 may qualify as an ADA disability

03/10/2022

Generally, a short-lived illness isn’t considered an ADA disability. But now a federal court has ruled that an employee with covid-19 rather than the common flu may be covered by the ADA. That means firing him for missing work instead of reasonably accommodating the absence violates the ADA.

Prepare to justify post-exam employment decisions

03/03/2022

The ADA strictly limits when employers can require applicants and employees to undergo medical exams. Following an exam, any adverse employment action—disciplining or firing a current employee or refusing to hire an applicant—must be justified as being job-related and consistent with business necessity.

Train bosses to avoid disability bias in hiring

01/27/2022

The EEOC, which enforces many of the nation’s anti-discrimination laws, is aggressively going after employers that put roadblocks in the way of hiring disabled people. Stay ahead of the feds by ensuring hiring managers know how the law protects disabled applicants.

A comfortable chair vs. a day in court

01/20/2022

Avoiding an ADA suit can be as simple as a new chair.

EEOC explains covid-19 as an ADA disability

12/16/2021

The EEOC issued new guidance Dec. 14 clarifying when covid-19 may be considered a disability under the ADA. The guidance appears in a Q&A document broadly focused on covid and the definition of disability under Title I of the ADA.

ADA: Consider new schedule before leave

12/02/2021

Under the ADA, disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Generally, employers get to choose the accommodation they prefer. But to survive a lawsuit, that accommodation better permit them to actually work if at all possible.

Hold it! Don’t prevent extra bathroom breaks

11/22/2021

Alert managers that some medical conditions do require more frequent visits to the restroom.

100%-healed policy may be automatic ADA violation

11/18/2021

When employees return to work after an illness or injury, it’s natural to wonder if they’re really ready to resume their duties. Think twice before requiring them to prove they are fully healed before you allow them to come back. That could constitute an automatic violation of the ADA.

Document ADA requests to prove good faith

11/04/2021

The ADA requires a disabled employee and her employer to have an interactive conversation to determine whether it’s possible to accommodate the disability and, if so, how. If the employee doesn’t participate in the interactive process, she won’t be able to sue successfully over a denied accommodation. That’s why it’s essential to document every interaction once you suspect an employee might be disabled.

Review points-based attendance system now

10/28/2021

Some employers use a points-based system to punish employees whose unplanned absences wreak havoc on operations. It can be effective. However, a system that’s too draconian or doesn’t allow for reasonable exceptions may invite litigation, especially from employees who claim they have an ADA-covered disability.

ADA