ADA

EEOC warning: Consider disabilities when enforcing drug tests

10/20/2022

A veteran suffering from PTSD received an offer of employment conditioned upon a negative drug test. The applicant subsequently took the drug test and received a “non-negative” result. The next day, the applicant’s job offer was revoked without explanation.

Consider accommodation request as illness

10/06/2022

Here’s a warning to share with managers and supervisors. An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.

Pulling accommodation? You need a business reason

09/08/2022

It can be legally risky to withdraw an ADA reasonable accommodation that has been previously approved and implemented. However, it’s not impossible—if the employer can demonstrate a solid business reason why the change was necessary.

Gender dysphoria considered ADA disability

09/08/2022

For the first time, a federal appeals court has ruled that the ADA’s definition of disability includes a condition known as gender dysphoria.

Leave medical history out of hiring and firing decisions

09/01/2022

Remind supervisors never to consider an applicant’s or employee’s medical history when making hiring, firing or other employment decisions. That’s true even if a worker’s medical condition may cause health insurance premiums to rise or result in frequent absences.

Employee sleepwalks into co-worker’s hotel room: Do you terminate or accommodate?

08/18/2022

Here’s one they probably didn’t teach you in HR school…

Beware removing effective disability accommodations

08/18/2022

Many ADA accommodations are cheap, effective and easy to implement. If one of these simple accommodations seems to be working, think twice before withdrawing it unless you have a rock-solid business reason for doing so.

Ensure bosses don’t block accommodations

08/11/2022

It’s important to train supervisors that they must honor approved disability accommodations and immediately refer all requests to modify accommodations to HR.

Always keep disability status confidential

07/28/2022

The ADA requires employers to keep a worker’s disability confidential. That can put supervisors in a difficult position if, for example, employees complain about a colleague who seemingly gets a pass on performing some tasks or is allowed to take extra leave.

Service animals may be ADA accommodations