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ADA

When employee has pregnancy complications, be prepared to consider ADA accommodations

09/21/2011
Pregnant employees have partial protection against discrimination under several state and federal laws, including the Pregnancy Dis­crimi­na­tion Act, Title VII’s sex discrimination provision and the FMLA. But you may not realize that a pregnant employee may also be covered by the ADA.

Snoozing on the job? Discipline OK under ADA

09/21/2011
Under some circumstances, em­­ployees with severe insomnia or sleep apnea may be disabled and entitled to reasonable accommodations. But generally speaking—given that many Americans live sleep-deprived lives—it takes more than a mere sleep-disorder diagnosis to show that someone has a disability that can excuse nodding off at work.

NUMMI pays $6 million to settle plant-closing suit

09/20/2011
The EEOC and the New United Motor Manufacturing Inc. (NUMMI) have settled claims that the company denied benefits and locked out disabled workers before a plant shutdown in Fremont.

Must we grant time off for rehab?

09/16/2011
Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to check into a rehabilitation program. May we deny his request?

ADA accommodations aren’t always possible

09/16/2011
Sometimes, employers have to stand their ground and refuse to try an un­­workable accommodation.

EEOC targets Pine City firm for yet another ADA case

09/16/2011
For the second time since 2009, Product Fabricators is being charged with disability discrimination. Accord­­ing to an EEOC complaint, the Pine City-based sheet metal manufacturer fired an injured employee instead of accommodating him.

Don’t want to budge on accommodations request? Plan on defending yourself in court

09/16/2011
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.

No free disability pass for insubordination

09/16/2011
Employers have the right to ex­­­pect everyone to behave ap­­pro­­pri­­ately at work. That includes employees with mental disabilities who may have trouble with communication and perception. What that means: You are free to punish inappropriate behavior regard­less of its cause.

Managing ‘job creep’ in today’s jobless recovery

09/13/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent survey. That’s “job creep,” and it’s a big problem, with important employment law implications. It may already be hurting your company. Here’s how to fix it.

Use flextime schedule to curtail requests for unreasonable ADA accommodations

09/07/2011
One possible accommodation for disabled employees is a modified schedule that lets them take medications at prescribed times. To facilitate that, you may want to create a companywide flexible-schedule program. Doing so may mean a disabled employee won’t be entitled to any additional schedule changes.