ADA

Risky assumptions: 9th Circuit adds clarity to ADA’s ‘regarded as disabled’ definition

10/31/2018

When the ADA was amended in 2008, Congress changed the definition tied to discrimination based on an employer’s presumption that a worker is disabled. Now the 9th Circuit has clarified what Congress meant.

Telecommuting not always an accommodation

10/31/2018

Sometimes, allowing a disabled employee to work from home may be a reasonable accommodation under the ADA or the California Fair Employment and Housing Act. But what constitutes a reasonable accommodation depends on individual circumstances.

Hiring: Opioid crisis collides with the ADA

10/18/2018

Among the scarce pool of workers who are applying for jobs, a fair number are recovering opioid users. That may mean employers face a higher likelihood of being sued because they don’t understand the ADA.

Staffing agency sued for ‘perceived as disabled’ bias

10/10/2018

Multinational staffing agency Adecco faces an EEOC lawsuit alleging one of its offices in northwestern Pennsylvania violated the ADA when it failed to place a disabled applicant in the position he sought.

Not yet eligible for FMLA? Consider offering intermittent leave as ADA accommodation

10/10/2018

While we usually associate intermittent leave with the FMLA, occasional time off may also be a reasonable accommodation under the ADA.

Alcoholism as a disability: No need to upend all processes to accommodate it

10/09/2018

Not all disabilities can be accommodated, and employers have the right to refuse some accommodation requests that simply aren’t reasonable or feasible.

Disability: Beware docking attendance points

10/04/2018

Policies designed to encourage regular attendance often use a point system to determine when employees who miss work will receive discipline. But that simplicity may create legal problems.

Must we accommodate employees’ need to bring therapy animals to work?

10/03/2018

Q. One of our employees suffers from severe panic attacks and has a pet hamster that she says relieves her anxiety. She wants to bring her hamster to work in case she has a panic attack. Are we required to grant this request?

If first disability accommodation doesn’t work, keep trying to find one that does

10/03/2018

The aim is to arrive at an accommodation that satisfies both the employer and the worker. But don’t think that once you have agreed on the accommodation, that’s the end of the matter.

ADA: Document interactive accommodations discussions

09/27/2018

To avoid later claims that no accommodation was offered, it makes sense to put your reasonable accommodation offer in writing, and have the employee accept or reject the offer. That creates a clear paper trail showing your efforts and the results.

ADA