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ADA

Failure to offer drug test option prompts ADA lawsuit

09/23/2011
The EEOC has filed a lawsuit against G2 Secure Staff, a staffing company with offices in Raleigh, for failure to accommodate a disabled applicant.

Was that insubordination, or an accommodations request?

09/22/2011

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

Follow DOT rules for drivers with disabilities

09/22/2011
Employers that list driving a commercial vehicle as an essential function of a position can rest assured that if a disabled employee cannot get recertified under DOT regulations, there is no need to offer other accommodations. An employee lacking certification isn’t otherwise qualified for the job and therefore not covered by the ADA.

Temp agency faces ADA suit over on-the-job seizure

09/21/2011
Genie Temporary Services faces EEOC disability discrimination charges after it fired a temp em­­ployee who had an epileptic seizure at a client site in LaSalle.

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.