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ADA

ADA requires accommodating disabled customers, too

10/31/2019
Don’t ignore public access requests—or worse yet, lawsuits over accessibility. That may lead to a so-called default judgment.

ADA blame game creates hostile environment

10/31/2019
Instruct all employees to treat everyone with respect and avoid crass blame games.

Don’t keep shopping for better doc opinions

10/24/2019
If two independent medical opinions say that an employee is healthy enough to return to work, don’t go chasing a third opinion. Courts frown on medical-opinion shopping and could see your actions as discriminatory.

Federal jury: Walmart must pay $5.2 million for ADA violation

10/22/2019
The EEOC won a major victory in federal court Oct. 11 when a jury awarded $5.2 million to a long-time Walmart employee who was suddenly denied an ADA accommodation that had been working for years.

Not every illness constitutes a disability

10/15/2019
Fortunately, not every medical malady is a disability under the ADA. Workers must prove their condition substantially limits a major life activity.

Endless time off? Indefinite leave not considered a reasonable accommodation

10/15/2019
Employers don’t have to provide any additional leave to workers who can’t give at least a tentative return date.

Resist assuming that employee’s disability might cause a safety hazard

10/15/2019
Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment.

TB or not TB: That is the question in Oakland

10/04/2019
Cooking Around the World, an Oakland after-school cooking camp, has settled charges it violated the ADA when it demoted an employee who tested positive for an inactive form of tuberculosis.

EEOC nails polish factory for failure to accommodate

09/23/2019
Kirker Enterprises, which operates a nail polish factory in Newburgh, N.Y., faces an EEOC lawsuit claiming that when the company took over the plant in 2015, it withdrew a successful accommodation that had been provided to a disabled employee.

Personality traits are not disabilities under the ADA

09/23/2019
Asking a worker to undergo a psychological exam to determine his fitness for work isn’t the same as regarding him as disabled under the ADA.