ADA

Short-lived, minor illness doesn’t qualify as disability under FEHA

02/03/2020

The California Fair Employment and Housing Act outlaws disability discrimination. It includes definitions of disability, including physical disabilities that affect the digestive system if the condition limits a major life activity. But that doesn’t mean that every minor or transient digestive upset qualifies for protection, as the following case shows.

Steer clear of assumptions about disability

01/30/2020

The EEOC is aggressively going after employers that single out disabled workers based on unfounded assumptions about the kind of work they can and cannot do.

Goodwill didn’t show any to disabled NYC janitor

01/28/2020

Goodwill Industries of Greater New York and Northern New Jersey has agreed to pay a former janitor $65,000 to settle charges of disability discrimination.

Being short probably not an ADA-qualifying disability

01/23/2020

Merely being shorter than most people is not enough on its own to be classified as disabled under the ADA. To qualify, an applicant or employee who is short in stature would have to show that her condition substantially impairs a major life activity.

Limited duty may be reasonable accommodation

01/15/2020

A limited-duty assignment may be a reasonable accommodation, even if the worker doesn’t like the change. It’s not disability discrimination.

Flu season is here! FMLA, ADA and objections to vaccines

12/20/2019

Influenza season is well underway, and there is every indication that the flu bug will bite lots of workers this winter. Many will need time off to recover. That raises two important questions: Is that leave protected by the FMLA? Can employees lawfully refuse to get flu shots?

You can’t accommodate every disability

12/20/2019

A consensus on possible and practical accommodations usually emerges when the employer and employee engage in an interactive process to explore various options. But that isn’t always the case.

Transient injuries don’t usually trigger ADA

12/19/2019

In order to claim coverage under the ADA, a worker must show that he has a “physical or mental impairment that substantially limits one or more major life activities.” Generally, most temporary conditions don’t qualify, even though they may be considered serious health conditions under the FMLA.

Report: HR, hiring managers need disability training

12/03/2019

A new report on workplace disability inclusion found many HR professionals and hiring managers are ill-prepared to hire, retain or advance individuals with disabilities.

Note refusal to cooperate in ADA process

12/02/2019

When a disabled worker needs an accommodation, the process is supposed to be interactive, with give-and-take discussions over what’s an appropriate and reasonable accommodation. If an employee won’t cooperate, carefully document her refusal.

ADA