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ADA

Are brutal hours really essential to the job? Failure-to-accommodate suit could test that

11/29/2017

In many organizations, it’s expected that exempt employees will routinely have to work more than the standard 40-hour workweek. What happens if an employee who has previously worked those long hours suddenly becomes disabled and can no longer put in 10 or 12 hours per day?

‘Boss-ectomy’ not what FEHA doctor ordered

11/29/2017

Under the California Fair Employment and Housing Act, employees who say they can’t work under a particular supervisor are not deemed to be disabled. Therefore, they aren’t entitled to any accommodation.

Reassignment can be post-FMLA accommodation

11/21/2017

When a disabled employee wants to return to work, limitations may make it impossible for him to do his old job. If so, it may be reasonable to either grant more leave or reassign the employee—or both.

When disabled employee tests positive, prepare to dig deep into prescription history

11/15/2017

Does your organization test employees you suspect are under the influence of drugs and alcohol at work? If so, make sure you understand your obligation to disabled employees who may have been prescribed medications that can trigger a positive drug test response.

Was disability bias behind Lowe’s manager demotion?

11/15/2017

An employee at a Lowe’s store in Cleburne, Texas claims the home improvement chain violated the ADA when it demoted him from his department manager position and cut his pay.

Texas agencies may be immune to ADA claims

11/15/2017

Texas state agencies may not be sued under several federal laws unless state government immunity has been waived by Texas.

No ADA violation if accommodation is found outside interactive process

11/15/2017

If an employee doesn’t engage in the interactive accommodation process, instead offering up his own idea for a reasonable accommodation, does the employee still have the right to file a claim alleging failure to engage in the interactive process?

Don’t base hiring decision on medical history

11/09/2017

When evaluating applicants, you may consider whether their current health affects their ability to do the job, but you can’t factor in old injuries or medical conditions.

Disability doesn’t provide immunity from discipline or termination

11/08/2017

Some workers wrongly believe a disability immunizes them. If they are disciplined or terminated, they often sue. Those lawsuits will be dismissed early in the legal process if the employer takes the litigation seriously and explains exactly why the worker was disciplined or fired.

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.