ADA

Now that the ADAAA is law, is smoking a protected disability?

12/08/2009

Twenty-nine states and the District of Columbia have so-called “smoker protection” laws—laws that elevate smokers to a protected class and make it illegal to discriminate against employees because they smoke. Before the ADA Amendments Act (ADAAA) became effective on Jan. 1, 2009, I was optimistic that these smoke-outs were legal. Now , however, I have reservations. Has the ADAAA created a new protected class for smokers?

Could smoking be an ADA-protected disability?

12/08/2009

The recently enacted ADA Amendments Act was passed to make it “much easier for individuals seeking the law’s protection to demonstrate that they meet the definition of ‘disability.’ …” It does that by expanding the definition of the term “disability.” In fact, the definition of “disability” may now be so broad that it covers conditions such as nicotine addiction.

SAD but true: A window may be ADA accommodation

12/04/2009

As winter approaches, it’s getting dark sooner each day. And with the darker season comes struggles for employees who suffer from Seasonal Affective Disorder (SAD), a form of depression in which a decrease of natural light triggers a mood disorder. So does that mean you may have to offer SAD sufferers a workspace near sunlight? Quite possibly, as a recent court ruled, “Natural light may be a medical necessity.”…

H1N1 meets the ADA: Understanding the link

12/01/2009

What health-related questions can you ask employees about H1N1 (swine flu)? Find out on the EEOC’s new Q&A fact sheet, Pandemic Preparedness in the Workplace and the ADA.

Let the sun shine in—or you could wind up facing ADA liability

12/01/2009

The ADA requires employers to provide reasonable accommodations to enable employees to perform the essential functions of their jobs. While the types of reasonable accommodations required can vary greatly depending on the employee’s medical condition and the particular job, it was not until recently that a court found that permitting an employee to work in natural light might be a reasonable accommodation.

Penn National pays out $75,000 for disability bias

11/25/2009

HWCC-Tunica Inc., a subsidiary of Penn National Gaming, is settling a lawsuit that alleged disability discrimination against a dealer at its Hollywood Casino Tunica in Mississippi.

Can we ask about an applicant’s HIV status?

11/25/2009

Q. Is it legal to ask medical questions of applicants—specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?

Questions and answers about H1N1 flu and wage-and-hour laws

11/24/2009

If H1N1 flu threatens to shut down businesses nationwide, employers are going to need contingency plans to make sure they keep running. Flexible work schedules, temporary shutdowns and telework can all help—but all have unexpected wage-and-hour implications. Here’s guidance from the Department of Labor on how to handle these tricky issues.

Dozing at the desk? Sleepy on the shop floor? You may need to offer ADA accommodations

11/20/2009

Some disabilities require the use of medications with side effects. If one of those is sleepiness and fatigue, employers may have to accommodate those. That’s why it’s crucial for you to begin the interactive process as soon as you learn that an employee is having trouble because of the medication he uses. The worst thing you can do is to simply terminate him because he nodded off.

ADA case: More prima donna than prima facie at hotel?