ADA

Twist: Disabled worker wants to work on-site, not from home

09/06/2024

Disabled employees are entitled to enjoy all “privileges of employment.” Excluding them from training, company events, team-building activities and other employment benefits may amount to disability discrimination. Thus, disability accommodations that deprive them of employment privileges may violate the ADA. Ordinarily, the employer gets to choose the accommodation it prefers, but there are limits, as this recent case shows.

CDC: More than 1 in 4 Americans have a disability

08/26/2024

A CDC statement said, “These findings underscore the fact that people with disabilities are a large part of every community and population. Many of us know, or are, someone with a disability, and disability inclusion is beneficial for all.”

Avoid the accommodations error that just cost Wells Fargo $22.1 million

08/26/2024

The ADA requires employers to engage in an interactive process with disabled employees to determine what accommodation, if any, will allow them to perform the essential functions of their jobs. It’s supposed to be a back-and-forth dialogue and it’s supposed to be fast. Delaying the interactive process or reaching an agreement and then slow-walking implementation is sure to spell legal trouble.

Refuse to reinstate disabled worker at your peril

08/22/2024

A federal appeals court has upheld a $1 million jury verdict that concluded an employer ignored objective medical information when it refused to reinstate a worker after a cardiac arrest.

Accommodate employees with eating disorders

08/14/2024

According to a study published by the Harvard School of Public Health, 9% of Americans will eventually have an eating disorder. The study calculated that eating disorders cost $48.6 billion in lost productivity each year due to missed work and compromised job performance.

Million-dollar mistake: Nonprofit employing disabled workers zapped for disability bias

08/14/2024

One would assume that a nonprofit company created to employ disabled workers would be up on anti-disability discrimination rules. Alas, no, if a recent EEOC settlement is any indication.

ADA: Remote work isn’t always a reasonable accommodation

08/02/2024

The ADA requires employers to try to find reasonable accommodations that enable disabled employees to perform the essential functions of their jobs. For many jobs, the option to work from home might be just the accommodation an employee needs. However, that’s not automatic.

FMLA, ADA and attendance: Consider health problems before firing for failing to call off

07/29/2024

Ordinarily, employers can require employees to notify their boss if they anticipate having to miss work. But there’s an exception for those times when the employee simply can’t make that call because of their disability or serious health condition. Always double-check and consider the circumstances before making a final discipline or termination decision based on an employee’s failure to call.

Surprised by new hire’s disability claim? Don’t be

07/17/2024

Applicants don’t have to admit to being disabled during an interview. They are within their rights to ask for an accommodation after being hired.

Disabled new hire? You must engage in the ADA’s interactive accommodations process no matter what

07/10/2024

Because disabled individuals may fear—sometimes rightly so—that employers wouldn’t hire them if they knew about their disability, the ADA doesn’t require applicants to reveal disabilities during the interview and hiring phase. Thus, it may catch employers by surprise when the first thing a new hire does is request a reasonable accommodation.

ADA