ADA

Worker must choose: Totally disabled or disabled needing accommodations

11/02/2017

An individual who applies for disability benefits, asserting that she is totally disabled, can still claim she’s entitled to reasonable accommodations under the ADA. However, she will have some explaining to do.

What are our obligations under the California Employee Literacy Education Assistance Act?

11/01/2017

Q. An employee recently disclosed that he is illiterate and asked for our help in finding an adult literacy education program. What are our obligations toward this employee under California law?

ADA and FEHA: Always document interactive discussion process to find accommodations

11/01/2017

The presumption is that by discussing possible accommodations, the employer and worker will arrive at some sort of consensus. Employers that don’t take this seriously risk being sued for failing to engage in the interactive accommodations process.

Health care employers: On immunization, balance patient safety, employee rights

10/31/2017

Many health care workers regularly deal with patients whose immune systems are compromised and who could suffer catastrophic consequences if exposed to an otherwise mild illness. What’s such an employer to do if a worker refuses to get an appropriate shot?

100% healed back-to-work rule could backfire

10/26/2017

Do you have a companywide policy that requires all workers who are out on leave to get a doctor’s certification that they are completely healed before they can return to work? Such a rule may run afoul of the ADA.

Lawsuit alleges ADA violation? Check if employee actually requested accommodation

10/23/2017

Employees are entitled to reasonable accommodations for disabilities in order to perform the essential functions of their jobs. But employers don’t have to guess whether an employee needs an accommodation—the employee must ask for help.

ADA: Always at least consider employee’s preferred accommodation

10/18/2017

Employers aren’t required to provide disabled employees with the exact accommodation they request, but that doesn’t mean that they don’t have to at least consider it. And whatever accommodation the employer does decide to use must be both reasonable and effective.

No boss comments on language skills, hearing

10/18/2017

Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

Be alert for positive drug test results caused by meds used to treat disabilities

10/16/2017

Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.

Make sure your good records are dated, too

10/12/2017

When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

ADA