ADA

Sometimes discrimination claims can bypass the EEOC

11/08/2010

Suppose an employee claims her organization illegally discriminated against someone on the basis of disability—and then the employee is fired. If the employee planned on suing, surely the employer would find out well in advance, because first the employee would have complained to the EEOC, right? Not necessarily.

Heart condition isn’t always an ADA disability

11/08/2010

It’s understandable that someone who has had a heart attack and taken time off to recover might assume that he’s disabled under the terms of the ADA. That’s not always the case. As is true of other conditions, it’s only a disability if the heart attack’s residual effects substantially impair a major life function.

Tyrone man collects $200,000 in ADA lawsuit settlement

11/05/2010

Pennsylvania construction firm Glenn O. Hawbaker Inc. has settled a suit with a Tyrone, N.Y., man after it refused to hire him for a backhoe operator position.

Must we accommodate a ‘breathing machine’?

11/04/2010

Q. We provide janitorial services to local companies. We just learned that one of our employees is asthmatic. She missed several days because of her asthma. Now she wants to return, but she needs to keep a breathing machine with her. What can we do? We aren’t sure our customers will accommodate that need.

If absenteeism not disability-related, feel free to discipline

11/01/2010

You should hold disabled employees to the same behavioral standards as other employees, unless there is a good disability-related reason to deviate from the rules. For example, if you set strict time limits for lunches and authorized breaks, there is no reason to give disabled employees more time unless allowing more time is a legitimate reasonable accommodation.

Leave as a disability accommodation: Are your policies compliant?

11/01/2010

The EEOC has sued Princeton Hospital, alleging that its leave-of-absence policy violates the Americans with Disabilities Act Amendments Act. The hospital requires employees to return to work within seven days after their FMLA leave expires, regardless of whether they are disabled. The suit alleges that the hospital refused to allow additional leave as an accommodation in violation of the law.

When showing up for work is essential, you don’t have to accommodate with lax schedule

10/29/2010

Employers naturally expect employees to show up on a regular basis, unless there’s an illness or emergency.But some employees have medical or other conditions that cause sporadic attendance. If they claim a disability, then they must be able to prove they can perform a job’s essential functions with or without reasonable accommodations.

As the EEOC steps up ADA enforcement, it’s time to review policies

10/28/2010

The EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.

Fitness-for-duty exams: When can they be used?

10/15/2010

We’ve all tussled with sending employees to fitness-for-duty exams when returning from an injury or illness. When are they the right decision? When do they create liability? As this case shows, it’s best to let the doctor make the right call …

Make sure managers know laws against employee discrimination

10/12/2010

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

ADA