ADA

Pregnant Workers Fairness Act could pass

10/15/2020

The PWFA is modeled after the ADA. It would require employers to provide reasonable accommodations for all pregnant workers who need them.

Persistence pays off when accommodating disabilities

10/01/2020

The ADA requires employers to engage in an interactive process to figure out if a reasonable accommodation will let a disabled employee perform the essential functions of her job. The employer gets to choose the accommodation. If, after trying possible accommodations, the employee still can’t do her job, the employer can terminate her.

Don’t skip ‘futile’ ADA accommodation process

09/24/2020

Sometimes, it may seem obvious that a disabled applicant will be unable to perform the job you are trying to fill. That doesn’t mean you can simply toss out his application. Under the ADA, you have an obligation to explore potential reasonable accommodations.

Defeat bias lawsuits with well-crafted policies

09/10/2020

One of the best ways to beat employee allegations that they were disciplined or fired because of discrimination: Show the court you have comprehensive policies on discipline that you enforce consistently.

Stay flexible to protect vulnerable workers

09/03/2020

The Centers for Disease Control and Prevention urges employers to take steps to protect workers who might be vulnerable to covid-19 infections. When possible, vulnerable workers should be allowed to telecommute.

Accommodate pregnancy-related restrictions

08/27/2020

Pregnant employees may develop complications that temporarily affect their ability to perform their jobs. Some employers mistakenly believe that because pregnancy and most related complications are transient conditions, pregnant workers don’t qualify for reasonable accommodations under the ADA. Not true!

EEOC opioid advice focuses on job retention

08/13/2020

The EEOC has issued two new publications designed to address issues related to employing people who legally use or illegally abuse opioid drugs.

Individually assess each disability claim

08/06/2020

The ADA has been on the books for 30 years, but some employers still don’t understand one of the law’s basic requirements: They must conduct an individualized assessment every time an applicant or employee claims a disability.

If family member is ‘high risk,’ must you accommodate?

07/16/2020

An employee [does not want to come into work/wants to work from home/wants a leave of absence] because he or she lives with someone who is at high risk for coronavirus complications. What do we do?

Prepare for ADA suits driven by health fears

07/09/2020

Simultaneous health and financial crises have given us all plenty to fear. Surely you are doing your best to prove to employees that your workplace is safe. Most will be assured. However, a small subset of workers may remain paralyzed by safety concerns.

ADA