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ADA

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?

ADA & FMLA: Absence does not make the heart grow fonder

05/07/2018
A federal court in Texas has concluded that attendance can be considered an essential function of a job. A disabled worker who can’t make it to work with some regularity simply isn’t qualified; no amount of accommodation can fix that problem.

Beaumont, Texas firm sued for firings based on costly medical risk

05/07/2018
Signature Industrial Services, a refinery services company in Beaumont, faces an EEOC lawsuit after it fired three brothers, allegedly because they have hemophilia.

Suddenly stopped informal accommodations? Get ready to defend decision in court

04/30/2018
Disabled employees are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. Employers cannot simply develop a list of one-size-fits-all accommodations for a particular condition.

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.