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ADA

Don’t grant unlimited leave as ADA accommodation

03/04/2011

Employees who use up their FMLA leave may still be entitled to more time off when that leave expires. Some additional time off can be a legitimate reasonable accommodation under the ADA. But if the employee still can’t return after additional leave, it may be time to discuss termination.

Social Security disability may mean no ADA suit

02/28/2011
Can someone claim they’re so disabled they need Social Security benefits, yet still tell an employer they can perform a job’s essential functions? Sounds fishy, right? A judge thought so.

Track accommodation process to pinpoint ADA breakdown

02/23/2011

When a disabled employee needs reasonable accommodations, he has to tell his employer. Then the employer and employee must engage in an interactive process to see what accommodations are possible. Courts want to see sincere effort from both. That’s why you should track the accommodations process.

If employee won’t admit disability, what are our reasonable accommodation obligations?

02/21/2011
Q. One of our employees is experiencing performance-related problems, which I believe are attributable to a mental disability. However, the worker has not notified anyone here that he suffers from an impairment that substantially limits a major life activity. He hasn’t asked for any accommodations either. Should we nonetheless offer to reasonably accommodate this employee?

Jewel-Osco to pay $3.2 million for violations of the ADA

02/11/2011
Jewel-Osco—the conglomerate that owns the Supervalu, American Drug Stores and Jewel Food Stores chains—has agreed to settle an EEOC lawsuit alleging it violated the ADA when it terminated employees after their medical leaves of absence ended.

Alcoholism: a disability; drunkenness: a firing offense

02/11/2011
Alcoholism may be a disability, but that doesn’t mean alcoholic employees can get away with showing up at work a little tipsy.

Offer reasonable ADA accommodations–but you don’t have to provide full-time helper

02/11/2011

It can be devastating when an employee becomes severely disabled in the prime of life, especially if it’s clear the disability means she will never be able to perform her old job without substantial assistance. Well-intentioned, compassionate employers try their best to help. But the tough question is how far they should go to accommodate the disabled employee’s restrictions.

St. Paul cancer victim’s case may show ADAAA’s impact

02/09/2011
The tragic case of a St. Paul nurse who died of cancer may soon test the reach of the Americans with Disabilities Act Amendments Act, now that the EEOC has filed a lawsuit alleging that her employer violated the law by refusing to accommodate her disability.

Nobel learns the hard way: ADA violations are costly

02/09/2011
For-profit education company Nobel Learning Centers (NLC), has agreed to settle charges it excluded disabled children from its programs in violation of the ADA. Although the settlement involves ADA public-access issues, it has important implications for employers.

Can I ask about attendance without violating ADA?

02/07/2011
Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?