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

ADA

Known disability, safety concern? Testing OK

11/01/2011

Disabled employees may believe that their employers can never insist that they take a test related to the disability. That’s not true. For example, if an employee has a known disability and is observed making safety-related mistakes, it’s perfectly reasonable to demand an assessment of whether the employee is capable of performing the job.

Texas health care firms sued for health-related firings

10/31/2011
Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claims pregnancy discrimination and FMLA interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.

Solving for the unknown: No duty to accommodate disability that employee never revealed

10/31/2011
Some disabled employees never tell employers about their con­­ditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?

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Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …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