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ADA

‘My disability made me do it’ argument fails to impress

03/04/2010

Some disabled employees believe that their disabilities excuse them from following the workplace rules other employees have to abide by. That’s not true. Case in point: An IBM employee was fired for accessing sexual materials on his work PC. He sued, alleging that post-traumatic stress disorder made him more vulnerable to addiction, including a compulsion to access sexually oriented materials. The court refused to entertain that argument.

Consider reassignment to open positions as accommodation

03/01/2010

Under the ADA, employers are obligated to make reasonable accommodations. Those accommodations may include transfer to an open position for which the employee is qualified. Failing to do so may attract EEOC attention.

ADA: Use these criteria to keep courts from second-guessing job’s ‘essential functions’

02/25/2010

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider:

Injured worker reapplying? Beware ADA suit

02/22/2010

You may be naturally disinclined to rehire a former employee who was off work for years because of an on-the-job injury. But that could be a big legal mistake, especially since he is now disabled.

Document accommodations process–especially if it breaks down over worker’s suggestion

02/22/2010

Disabled employees are entitled to reasonable accommodations of their disabilities under California’s Fair Employment and Housing Act (FEHA). That includes the obligation to engage in an interactive process to determine what, if any, accommodation is possible. If the process breaks down, employers that acted in good faith won’t be held responsible.

During an interview, can employers ask about ability to comply with attendance rules?

02/22/2010

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy?

Big win for employers in disability bias case

02/16/2010

Employers frequently worry that if they discharge a disabled employee, they will be sued for disability discrimination even if they had a good reason for terminating the employee. That’s because disabled employees may claim their disability was a motivating factor in the decision. Until recently, that was enough to win at least a partial victory in court. Fortunately, that’s no longer the case.

Follow your own rules, courts will probably side with you

02/16/2010

You just can’t satisfy some employees. They’ll always find something to complain about. But if supervisors keep their cool and hold employees to the rules, chances are a disgruntled employee won’t get far with a lawsuit.

Burden now on employees to show age bias caused adverse action

02/16/2010

Good news for employers! The U.S. Supreme Court issued a landmark decision whose positive impact on employers is just being felt. The decision—Gross v. FBL Financial Services, Inc., (129 S. Ct. 2343, 2009)—involved an employee who alleged that his reassignment to a new position constituted a demotion that was improperly motivated by his age. That would have violated the ADEA.

ADA: Accommodate fertility treatment, adoption

02/09/2010

Employees who suffer from an impaired ability to become pregnant are disabled under the ADA. Since childbearing is a major life activity, conditions that interfere with it qualify as disabilities. That means that employees who are infertile or have low fertility may be entitled to time off as a reasonable accommodation.