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

ADA

Can employers drop telework accommodations for disabilities?

01/05/2026
Until recently, courts had been less willing to approve telework, concluding that employees must show compelling evidence that they can perform the essential functions of their jobs while working remotely. But post-COVID, that’s changed. If telework was feasible when it benefited employers, perhaps it’s reasonable when it is workers who need telework as an option.

EEOC lawsuit highlights how not to use a point-based absenteeism system

12/22/2025
A recently filed EEOC lawsuit against JCPenney highlights how employers must account for absences under an attendance point system. While such systems cut down on employees whose absence causes scheduling problems, managers and supervisors must be trained on how to handle call-offs that may be covered under the FMLA, ADA and PWFA.

President Trump reclassifies marijuana

12/22/2025
President Trump signed an executive order changing how marijuana is handled under the federal Controlled Substances Act. The drug has been reclassified to Schedule III, from its previous classification as a Schedule I drug, along with heroin and other drugs with high addiction and abuse potential and little or no established medical uses.

EEOC files class action on behalf of recovering addicts

12/22/2025
In a new class-action lawsuit, the EEOC claims that a blanket rule against hiring applicants who take prescription medication to treat illegal drug addiction violates the ADA. While the ADA fails to protect current users of illegal drugs, it protects those in recovery.

Strict ADA no-return policy nets worker almost $27 million

11/03/2025
Employers can’t simply look at an injury or disability and conclude that the individual can’t do their job or the one they’re applying for. Skipping an individualized assessment in favor of a strict no-return policy following an injury violates the law.

Supreme Court starts new term—key employment law cases on the docket

10/14/2025
The Supreme Court has started the 2025–2026 term, and it looks to be an interesting one for employers. Here’s a breakdown of pending cases and issues.

35 years of the ADA: How managers can support disabled employees

10/06/2025
October is Disability Awareness Month, and 2025 marks the 35th anniversary of the passage of the Americans with Disabilities Act. What better time to remind managers that the ADA has opened the workplace to disabled individuals by requiring employers to make reasonable accommodations for otherwise qualified applicants and employees?

Lawsuits over pregnancy accommodations pile up

09/22/2025
Lawsuits over pregnancy accommodations of all kinds are hitting the legal system less than three years after two bipartisan bills passed Congress and were signed into law. This month, two new lawsuits highlight the requirements of both laws and demonstrate that employers remain unsure of their obligations.

Accommodation could include return to office

08/18/2025
A recently filed case puts a different spin on telework accommodations. A disabled employee asked to return to the office five days a week as her accommodation.

Court rejects ‘indefinite’ ADA leave

08/11/2025
In recent years, federal courts have consistently sided with workers who have run out of leave and still need more time off before returning to work. However, there is a limit to how much time the disabled employee can take off.