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ADA

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.

Diabetic drivers approved for commercial interstate runs

09/25/2018
A new rule finalized Sept. 19 for the first time allows truck drivers with diabetes to operate commercial vehicles on interstate routes as long as they can prove they carefully monitor and manage the disease.

Document all requests for disability-related leave

09/24/2018
Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.