• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Insist on working within medical restrictions

02/04/2019
The ADA doesn’t require employers to let disabled employers test the limits of their abilities in ways that may lead to injury.

ADA: No need to create new job as accommodation

01/24/2019
When workers need time to heal from workplace injuries, many employers accommodate temporary restrictions by assigning them to light-duty tasks until they’re ready to resume their old jobs. But if the restrictions become permanent, the employer doesn’t have to create a permanent light-duty job.

Don’t let disability stop legitimate discipline

01/23/2019
It’s reasonable to worry that disciplining an employee who is disabled might trigger a lawsuit. Don’t let those kinds of concerns dissuade you from otherwise legitimate discipline. Courts general allow employers great leeway to punish employees who seem to genuinely deserve it.

Nuances of the ADA: 9th Circuit rules on definition of ‘regarded as disabled’

01/11/2019
The federal appeals court with jurisdiction over California employers has ruled that a worker doesn’t have to prove his employer believed he was substantially impaired in order to sue under the ADA if the employer discriminated against him by regarding him as disabled.

Requesting accommodation after discipline is too late

01/02/2019
Under the Minnesota Human Rights Act, disabled employees are entitled to accommodations. But timing is everything if a worker is disciplined before revealing a disability that may have contributed to work problems.

Consent decree offers practical guidance for managing disability and return to work

12/18/2018
The EEOC has entered into a consent decree that demonstrates what employers can and cannot do when faced with a disabled worker.

No FMLA leave? ADA may be available

12/06/2018
An employee who has used up all paid and FMLA leave (or who isn’t yet eligible for FMLA leave) may have other leave options if he’s also disabled.

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Bosses aren’t docs: Don’t diagnose employees

11/28/2018
Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do. But what if a supervisor suspects the employee may be disabled?