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ADA

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.

ADA requires training accommodations, too

09/10/2019
The ADA requires employers to provide help to disabled applicants at every stage of the employment relationship if that assistance is reasonable. That includes adapting job training so disabled employees can learn how to perform their jobs.

Accommodate disabilities with more time off

09/05/2019
Do you have rules that limit time off to those who have accrued sick or vacation leave or are eligible for FMLA leave? If so, you should reconsider them.

Failure to accommodate depression costs $75,000

09/04/2019
A Dallas-area defense contractor has agreed to settle charges it violated the ADA when it refused to accommodate an engineer’s depression.

Removal from dangerous duty brings ADA suit

08/29/2019
A federal court has reinstated a Georgia police detective’s case against her employer after she produced evidence the police department regarded her as disabled when she was not.

Prepare to reasonably accommodate medical testing

08/23/2019
Don’t assume that someone who appears healthy and has been successfully performing his job isn’t disabled while undergoing medical tests.

ADA covers temporary disabilities, too

08/15/2019
The ADA was enacted 18 years ago, but it’s still one of the most misunderstood employment laws. The hard part isn’t necessarily determining how to accommodate disabled employees. It’s figuring out which employees are disabled.