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ADA

Patience–and focus on job performance–are key when dealing with difficult employee

08/08/2011

It’s often quite obvious when an em­­ployee is having personal problems that she needs to resolve. But employers have to treat such an employee carefully to avoid a possible ADA regarded-as-disabled lawsuit. The key is patience and focusing on workplace performance issues rather than any suspected disability.

Capitol Hill aide sues Houston congresswoman for disability bias

07/29/2011
A former Capitol Hill staffer is suing U.S. Rep. Sheila Jackson Lee for disability discrimination, alleging that the congresswoman from Houston ridiculed her poor vision and reading disabilities and failed to accommodate her.

EEOC finds fault with ‘no-fault’ attendance policies

07/26/2011
Telecommunications giant Verizon has agreed to settle a nationwide class-action lawsuit brought by its disabled employees. In all, the company will pay out about $20 million to employees who missed work for reasons related to their disabilities. The lawsuit, filed by the EEOC on behalf of disabled Verizon workers across the country, claims Verizon’s “no-fault” attendance policy violates the ADA.

Independent exam for safety’s sake doesn’t violate ADA

07/26/2011
Some employees believe that an em­­ployer can’t legally request a medical exam. They’re wrong.

Out of FMLA leave–and out of luck?

07/13/2011
Q. One of our employees has a recurring illness that flares up every so often. By taking a few weeks off here and there, he has used all of his paid time off (PTO) and exhausted his FMLA leave. If he has another flare-up, do we have to permit him to take time off even though it would be more than the FMLA requires or our policies allow?

ADA: Now AutoZone has the pain in the neck

07/13/2011
A federal jury has returned a $600,000 verdict against AutoZone, ruling that the auto parts chain’s Macomb store violated the ADA when it refused to accommodate a sales manager’s request to be exempted from mopping floors due to a neck injury.

Expressing concern about employee’s condition isn’t enough to show disability discrimination

07/06/2011
When a disabled employee reports a relapse or worsening condition, it’s natural to express sympathy. As long as that expression doesn’t show prejudice or stereotypical views about the condition or disabled individuals in general, that won’t put you on the losing end of an ADA lawsuit.

When employee’s partner has difficult pregnancy, be prepared to offer ADA accommodations

07/06/2011
Here’s a novel legal theory of disability law that may spell trouble for some employers: Criticizing and punishing a worker whose partner is experiencing a complicated, disabling pregnancy may be association discrimination under the ADA.

How to manage ‘job creep’ in today’s jobless recovery

06/30/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem. Job creep has important employment law implications and it also means many of your job ­descriptions are probably outdated.

The EEOC, maximum leave policies and the new ADA amendments

06/30/2011
The EEOC is getting serious about helping disabled Americans. In early June, the agency held a public meeting on the use of leave as a reasonable accommodation. That move came just two weeks after the agency put its new ADA Amendments Act (ADAAA) regulations into effect.