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ADA

The ‘new’ ADA: How to handle employee disabilities

09/16/2018
When Congress expanded the Americans with Disabilities Act in 2009, it broadened the circle of people eligible for ADA rights even wider. That has led to a spike in people filing ADA-related legal claims. Here’s what managers need to know about the ADA:

Murphy Oil will funnel $100,000 to former manager

09/13/2018
A San Antonio-area Murphy Oil gas station will pay $100,000 to a manager it fired, settling charges it violated the ADA when it failed to accommodate his disability.

Expect disability-related lawsuit to be a long, drawn-out slog through court

09/13/2018
When it comes to disability discrimination cases, early dismissal is unlikely. That’s mainly because it takes testimony to sort out whether the employee who is suing has a severe enough ailment or condition to substantially affect major life activities.

New employee may be eligible for ‘ADA leave’

09/05/2018
Technically, there’s no such thing as “ADA leave” in the same sense that the FMLA specifically grants time off to deal with medical issues. However, some disabled employees may be entitled to leave as an ADA reasonable accommodation.

Document each stage of progressive discipline

09/04/2018
Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

OK to fire disabled worker who cannot perform job duties

08/08/2018
Sadly, some employee disabilities just can’t be accommodated, which means the employee can be terminated. Just make sure you can back up your contention that there was nothing that could be done to allow the employee to keep working.

Layoffs and union contracts: When seniority collides with disability, seniority prevails

08/06/2018
When conducting layoffs, some employers give preference to more experienced workers, letting them keep their jobs while less senior workers must go. Disabled employees who get bumped may claim they should have been given preference, keeping their jobs as a reasonable accommodation.

Slower pace not a reasonable accommodation

08/06/2018
Employers are supposed to offer reasonable accommodations so disabled employees can perform the essential functions of their jobs. That doesn’t mean, however, that disabled employees can insist on lower production standards or the ability to do their jobs at their own pace.

Tyler, Texas pulmonary practice sued, questionnaire violated ADA

08/06/2018
A medical practice in Tyler, Texas faces an EEOC lawsuit alleging it fired a woman after she filled out a questionnaire that required employees to disclose past surgeries, injuries and disability ratings.

Reasonable accommodation could be called retaliation

08/02/2018
If you accommodate a disabled employee, but the accommodation winds up adversely affecting the employee instead, you could get sued for retaliation.