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ADA

Review points-based attendance system now

10/28/2021
Some employers use a points-based system to punish employees whose unplanned absences wreak havoc on operations. It can be effective. However, a system that’s too draconian or doesn’t allow for reasonable exceptions may invite litigation, especially from employees who claim they have an ADA-covered disability.

Steer clear of questions about past drug use

10/14/2021
Warn supervisors not to pry into employees’ medical histories, including past abuse of drugs or alcohol. Simply asking workers about a perceived previous drug problem could trigger a lawsuit.

Long covid could trigger FMLA, ADA liability

10/14/2021
Employers need to be ready to respond to more requests for both FMLA intermittent leave and ADA accommodations.

EEOC test case argues for even more telework

09/30/2021
Last year, the EEOC endorsed remote work as an effective accommodation for disabled employees with pre-existing health conditions that made them more susceptible to infection. Now the EEOC has launched a lawsuit testing the argument that telework should be an accommodation even for workers who aren’t technically disabled but are at higher risk of covid-related complications.

Beware associational bias arising from covid

09/16/2021
Associational discrimination is discrimination against an employee or applicant because of their association with a member of a protected class to which the employee does not belong. The consequences of covid-19 infections raise the possibility of new forms of associational discrimination and retaliation.

Spot difference between disabled and difficult

09/16/2021
Some employees are harder to manage than others. They fail to follow directions, complain about assigned tasks and gripe about general working conditions. But sometimes disabled employees do all those things, too. Make sure you know the difference.

Warn bosses about bias against addiction disability

09/09/2021
Refusing to hire someone because of the nature of their disability violates the ADA. That includes making harsh judgments about applicants who may have a disability related to addiction. It doesn’t matter whether the disability was triggered by the individual’s arguably poor choices.

Long covid may be an ADA-covered disability

08/02/2021
Some people suffer for months with brain fog, joint and muscle pain, difficulty breathing, being unable to smell or taste and any number of other conditions.

Warn your managers: Loose lips are legal trouble

07/22/2021
Train managers to avoid making comments that can be used against your organization in court. Example: Calling an employee’s disability a “liability” can easily trigger an ADA lawsuit.

Jury to Walmart: $125 million for disability bias

07/22/2021
A massive award in an EEOC lawsuit sends a powerful message: Courts have little patience for employers that discriminate against disabled workers, and won’t hesitate to make them pay.