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ADA

Accommodation requires employee’s good faith

06/21/2018
An employee who makes a request for an ADA reasonable accommodation and is punished for doing so may have a retaliation claim. But she has to actually believe in good faith that the accommodation she is requesting will work.

Employment law update: FMLA & ADA, FLSA & higher education

06/14/2018
Here are  updates on the interaction between the FMLA and the ADA, and on the U. S. Department of Labor’s new guidance on the FLSA and higher educational institutions.

Employee acting as own lawyer? Expect delays

06/14/2018
Unfortunately for employers, pro se litigation can take lots of time (and money) to defend. Judges are often willing to indulge employees who act as their own lawyers by providing detailed instructions on how to revise a complaint that would have been summarily dismissed had it come from an attorney.

Even some common injuries can be disabilities

06/14/2018
Under the ADA, each worker’s disability must be considered on an individualized basis. Thus, a condition that might not slow down one person may have a more profound effect on another, warranting a reasonable accommodation.

EEOC calls, gaming company folds and pays big for ADA violations

06/12/2018
Nevada Restaurant Services, a large Las Vegas gaming company that operates slot machines, casinos and bars in Nevada and Montana, will pay $3.5 million to settle a disability discrimination lawsuit filed by the EEOC.

Aging, aching joints drive disability trends

06/07/2018
Disability claims for joint disorders and musculoskeletal issues have increased significantly over the past 10 years in the U.S., according to data from Unum, the nation’s largest provider of disability insurance.

Don’t let dumb comments derail discipline

05/31/2018
Supervisors sometimes say things they shouldn’t. Don’t let those minor screw-ups derail discipline that’s clearly deserved.

Disabled employees entitled to return to work, but not someone else’s job

05/30/2018
Disabled employees seeking to return to work may be entitled to an open position for which they are qualified. But when is a position considered open?

Disciplining disabled worker for absenteeism? Make sure she knows your rules

05/17/2018
It is essential to grant FMLA leave when eligible employees need it. At the same time, it is perfectly legal to require employees to follow specific procedures for using leave. Just make sure employees understand those rules.

Explain why you’re adding essential functions

05/09/2018
Business needs or employees’ personal circumstances sometimes change, necessitating a revision of a job’s essential functions to include additional tasks or qualifications. What happens if that means the incumbent holding the job can no longer perform those essential functions—especially if she’s disabled?