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ADA

Lowe’s must pay after yanking ADA accommodation

03/13/2018

Lowe’s Home Centers has agreed to pay $55,000 to settle charges it violated the ADA when it demoted a supervisor at its store in Cleburne, Texas.

Easy disability accommodation? Just do it!

03/08/2018

Sometimes, it makes sense to simply agree to a disability accommodations request that sounds low-cost, easy to implement and convenient.

Beware discipline if outburst reveals disability

03/06/2018

Some disabilities cause behavioral problems at work. A corollary is that some employees may try to excuse rule-breaking as a side effect of their medical conditions. Even if you suspect that’s what is going on, proceed with extreme care.

FEHA has lower disability threshold than ADA

02/21/2018

California employers must be mindful that it is easier to qualify as disabled under California law than under the federal ADA.

Regardless of prior leave, prepare to offer more time off as a reasonable accommodation

02/21/2018

Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.

CFRA: Light duty OK following injury

02/21/2018

A California employer didn’t violate the California Family Rights Act when it allowed a worker to return to light-duty work following an on-the-job light injury.

MHRA doesn’t require interactive process

02/14/2018

Disability protections under the Minnesota Human Rights Act differ from those set by the ADA. Employers covered only by the MHRA and not the ADA are free to reject a reasonable accommodation request without consulting with the employee.

Medical leave request: Consider ADA & FMLA

02/08/2018

A Tennessee employer faces an EEOC lawsuit alleging it unlawfully fired a worker after she asked for leave to deal with her anxiety. The case highlights an HR imperative: When dealing with an employee who has medical problems, you may need to consider the ADA in addition to the FMLA.

Don’t bad-mouth employees who miss work because of medical crises

02/07/2018

When HR staff make disparaging remarks about employees and their medical conditions, you can count on legal trouble.

No need to engage in accommodation process if disabled employee doesn’t request help

02/07/2018

Except in very rare circumstances, an employer isn’t obligated to provide an accommodation for a disabled worker who doesn’t ask for one. Otherwise, employers would be stuck having to read their employees’ minds.