ADA

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.

A ruff reasonable accommodation claim

07/10/2024

While it’s important to support employees’ health and well-being, accommodations should not compromise the core aspects of your business operations.

Tips for managing employees with long COVID

07/08/2024

A new report from the National Academies of Sciences, Engineering and Medicine highlights how serious long COVID is and likely will continue to be, possibly for decades. The report says this affects about 8.9 million adults in the United States, encompassing more than 200 symptoms that involve just about every organ in the body. That means about 7% of all adults in the U.S. are affected by the condition.

How to accommodate employees who have Tourette Syndrome

06/13/2024

It may be tempting to place a worker with Tourette Syndrome in a back-of-the-house position out of fear that customers may react badly to the employee’s tics. Such purposeful segregation may violate the ADA. Instead of worrying about public reaction to the tics, focus on how the person’s skills and experience match job requirements.

PWFA and the ADA: How accommodations may differ

05/31/2024

The Pregnant Workers Fairness Act entitles pregnant workers to reasonable accommodations before, during and after pregnancy. These can run the gamut from simple deviations from common workplace rules to granting leave so a new mother can recover from childbirth. PWFA accommodations potentially go far beyond what’s required under the ADA’s reasonable accommodations provisions.

No, you can’t use high medical costs as an excuse to terminate a sick worker

05/13/2024

A car dealership is out $325,000 and must train managers and supervisors on the ADA and the Age Discrimination in Employment Act.

Accommodate neurodiverse employees

04/10/2024

Most organizations probably have at least one employee who fits under the neurodiverse umbrella and who may be entitled to workplace help. While each condition labelled as neurodivergent differs, all share a number of common management strategies that can prove useful in the workplace.

ADA