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ADA

Disabled employees don’t find United’s skies too friendly

07/20/2009

The EEOC has sued Chicago-based United Airlines for disability discrimination on behalf of disabled employees.

ADA accommodation: Yes to time off, no to paid time off

07/20/2009

Employers have to reasonably accommodate disabilities, and those accommodations may include reduced hours or time off. However, employees aren’t entitled to paid time off.

Disabled customers can’t access your facilities? Pay up!

07/17/2009

You know that you have to accommodate disabled applicants and employees under both the ADA and California’s Unruh Civil Rights Act. When making those accommodations, think of customers, too. The California Supreme Court has ruled that customers who can’t access your public spaces can sue for damages.

Are there ADA implications if we ask applicants to take personality tests?

07/17/2009

Q. We would like to administer personality tests to job applicants. Would this violate the ADA? A. Personality tests are a good example of the types of policies likely to be affected by the recently passed ADA Amendments Act of 2008 …

Chronic fatigue syndrome or just too pooped to work?

07/17/2009

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act, that person could be deemed “disabled” and entitled to reasonable work accommodations.

Don’t rush to judge accommodation requests; ADA requires interactive give-and-take

07/08/2009

Employees who qualify as “disabled” under the ADA have the right to reasonable accommodations to allow them to perform the essential functions of their jobs. But choosing those accommodations requires an “interactive process” between employer and employee. Employers that rush to judgment about the alleged disability or the accommodation request will risk legal trouble.

‘Difficult’ employee? Don’t assume a disability

07/06/2009

Every HR pro has to deal with especially difficult and argumentative employees now and then. You may believe an employee is having emotional problems—maybe even a diagnosable mental disorder. But don’t mention your suspicions. You would risk being charged with regarding him as disabled, which gives the employee protections under the ADA or state disability-bias law.

Faced with explaining itself to a jury, hospital settles

06/26/2009

According to the EEOC, Pittsburgh-based Lifecare Hospital showed a remarkable lack of compassion when it fired business manager Diana Altieri-Hand, who had cancer at the time. Saner heads prevailed once hospital officials contemplated the prospect of a hospital justifying to a jury why it mistreated a cancer patient.

You can discharge disabled employee if there’s no way to know when she’ll return

06/22/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return to work. As long as the employee isn’t covered by the FMLA (in which case, she would be entitled to 12 unpaid weeks of leave), you can terminate her without violating the ADA.

When does ADHD count as a protected ‘disability’?

06/22/2009

Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.