• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011
Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

The ‘Scarlet M’: State uses shame, fines to fight misclassification

10/25/2011
A new law allows the California Labor and Workforce Development Agency (LWDA) to levy fines of at least $5,000 against employers that misclassify workers and requires the em­­ployers to publicize their violations on their company websites. Em­­ployers face penalties as high as $25,000 for willfully misclassifying employees as independent contractors.

Disabled worker fired for not reading writing on the wall?

10/25/2011
According to a recent lawsuit filed by the EEOC, Hospital House­­keep­­ing Systems of Houston violated fed­­eral law when it denied reasonable accommodations and discharged a housekeeper due to her disability.

Absolute ban on all who fail drug test upheld

10/25/2011
The 9th Circuit Court of Appeals has refused to reinstate a lawsuit based on a “one strike, you’re out” drug testing policy.

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.

Chicago bank branch fires low-vision worker after a day

10/18/2011
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.

Doubtful disability? Exercise patience anyway

10/18/2011

Occasionally, it may seem like an employee is exaggerating a disability and being difficult just for the sake of being difficult. That’s no reason to reject her claims outright. Instead, focus on following your usual ADA accommodations process.

If FMLA will soon expire, start interactive ADA process

10/12/2011

If you immediately fire employees who have used up their FMLA leave—without considering whether they may be disabled and need reasonable ADA accommodations—you may be making a big mistake. Instead, let the employee know you want to begin the interactive accommodations process right before FMLA leave runs out.

Super-sized customer steamed at White Castle restaurants

10/12/2011
Little booths and big customers may not be the best combination. A 290-pound man is suing the Columbus-based White Castle burger chain, claiming he suffered embarrassment and injured his knee when he tried to squeeze into a booth in a restaurant in New York.

Posthumous settlement shows ADAAA impact

10/12/2011
Maxim Healthcare Services has agreed to pay $160,000 to the estate of a Minneapolis nurse who died of cancer, ending a tragic case that highlighted the reach of the Americans with Disabilities Act Amendments Act.