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ADA

Chronic pain under the ADA

02/12/2025
According to the Centers for Disease Control and Prevention, about 51.6 million U.S adults, or 20.9% of the adult population, suffer from chronic pain. They may need periodic time off, as well as reasonable accommodations under the Americans with Disabilities Act.

Can’t accommodate with time off? Hire a replacement

02/12/2025
The ADA requires employers to provide reasonable accommodations, including time off, for a disabled worker unless the accommodation creates an undue hardship. But how much time off is a hardship?

How to handle allergies in the workplace

01/15/2025
Fortunately for employers, most allergic symptoms aren’t debilitating enough to constitute disabilities under the ADA. But for millions of employees, that’s not the case, so companies should be prepared to handle these instances.

Determine legitimacy of absence through call-off rules

01/15/2025
You expect employees to show up on time, as scheduled. But absences do happen, for many reasons. The only way to separate legitimate absences from frivolous or fraudulent ones is to require prior notice and a reason.

Beware requiring employee to seek counseling, which could trigger an ADA lawsuit

12/20/2024
Last summer, the U.S. Supreme Court made it easier for employees to claim discrimination even if their employer’s actions didn’t substantially harm them. Now, the same reasoning from Supreme Court’s Muldrow v. St. Louis decision is being applied to the ADA.

AIDS and HIV in the workplace

12/11/2024
Under the Americans with Disabilities Act, individuals with a physical or mental condition that substantially impairs a major life function may be entitled to a reasonable accommodation. Someone with HIV/AIDS may have challenges that require accommodations.

Disabled worker can’t be forced to quit

12/11/2024
Disabled employees are entitled to reasonable accommodations, including reassignment to open positions they’re qualified to perform. But employers can’t force them to quit to apply for that open position.

No, you can’t require different return-to-work rules

12/11/2024
It may seem reasonable to ensure workers returning from medical leave undergo testing based on their reason for taking leave. But doing so may cause legal trouble unless everyone must be tested.

Banned remote work? Not so fast for ADA request

12/11/2024
As employers increasingly push return-to-office policies, be careful when dealing with disabled workers. Some may request continued telework as a reasonable accommodation.

ADA compliance: Be prepared to prove disabled employee can’t do job

12/09/2024
Under the ADA, employers must reasonably accommodate disabled employees so they can perform the essential functions of their jobs. After unsuccessfully trying several accommodations, it may become clear that none will actually allow the employee to perform the essential functions. That changes the ADA equation.