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ADA

Before starting ADA accommodations process, ask basic question: Is this employee disabled?

11/30/2011
Finding a reasonable accommodation is a two-way street. Both the employer and the disabled employee are supposed to engage in the ADA’s interactive accommodations process. But part of that interactive process includes determining whether the employee is, in fact, disabled. If he’s not, the process need go no further.

You–not worker–choose ADA accommodation

11/30/2011
Employers, not disabled employees, have the right to decide which reasonable accommodation will be used. As long as the accommodation works and the employee is able to perform her job with it, no additional help is due.

Disabled worker? It may pay to offer commuting accommodations

11/29/2011
While many district courts have found that commuting to work falls outside of the realm of an employer’s obligation to provide reasonable accommodations for disabled employees, some courts have opted to expand upon the ADA by ruling otherwise.

Drug testing leads to disability bias suit in Raleigh

11/28/2011
Employers know to be wary of drug tests because they’re sometimes incorrect, falsely indicating that someone has been using illegal drugs. Now the Raleigh office of a national insurance giant has learned of another danger: Drug tests can trigger disability discrimination lawsuits.

Explore easy accommodations if employee can’t walk well

11/18/2011
Before you ignore an employee who complains he has a hard time walking, consider the consequences of denying a reasonable accommodation. If a jury finds that the employee is disabled, you may be liable. Instead, explore the problem and make simple accommodations if at all possible.

ACLU, TSA settle case of HIV-positive applicant

11/09/2011
The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.

Workers don’t get two chances to prove they’re disabled

11/09/2011
A federal judge has ruled that an em­­ployee who lost one ADA discrimination case because the court found she wasn’t disabled can’t sue again, claiming that she is disabled.

Employee returning from FMLA leave? Insist on ability to perform essential functions

11/09/2011
Employees who take FMLA leave for their own serious health condition are entitled to return to their former jobs or equivalent ones once their leave is up. But if an employee still can’t perform an essential function of the old job, you may not have to reinstate him.

Worried about ADA: Can we discipline for misbehavior caused by medical condition?

11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?

Expanded ADA disabilities coverage may affect drug testing

11/01/2011

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.