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ADA

Leave & accommodation are top reasons for COVID suits

10/15/2020
A new analysis of all COVID-based employment lawsuits found the most popular claims are related to employee leave and disability accommodations, followed by retaliation/whistleblower suits.

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?