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ADA

Misconceptions about disabled employee’s medical condition can spell ADA trouble

12/09/2009

Many medical conditions aren’t disabling, so they don’t qualify for protection under the ADA. That’s because they don’t actually impair a major life activity like walking, breathing, taking care of oneself or working. But sometimes employers mistakenly believe that a medical condition is disabling when it’s not. If they express those beliefs, they may make themselves vulnerable to a “regarded as disabled” lawsuit.

Hobby Lobby to pay for asking disabled worker to climb ladder

12/09/2009

A nationwide hobby and gift store chain will pay $35,000 into a supplemental needs trust account for Julie Tufts, a former employee of the Hobby Lobby store in Rochester.

During the hiring process, when is it OK to ask about disabilities?

12/09/2009

Q. Are there any circumstances where an employer can justify considering a prospective employee’s disability in making hiring decisions?

Cleared to work with no restrictions? Don’t assume employee isn’t disabled

12/08/2009

It makes sense that if an employee’s doctor releases him to return to work with no restrictions, the employee can’t be disabled. Don’t make that dangerous assumption! The ADA covers employees when their claimed disability affects a major life function—and that function can be one that’s not an immediately obvious factor at work.

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.