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ADA

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.

October spotlights disability employment

10/12/2017
October is National Disability Employment Awareness Month, and newly confirmed Secretary of Labor Eugene Scalia is urging employers to step up recruiting and hiring disabled workers.

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

FMLA and NY Paid Family Leave Law and Disability Benefits Law

09/07/2017
It’s time to answer some of the trickier questions about the interaction of the FMLA, the New York Paid Family Leave Law and the state’s Disability Benefits Law.

Here’s what not to say to EEOC investigators

09/07/2017
A supervisor for Regional International Corp., located near Rochester, said precisely the wrong thing to an EEOC investigator after an employee filed an ADA complaint against the company.

ADA access obligation applies to customers and public as well as employees

09/07/2017
When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.

Beware trumped up reasons for firing

09/07/2017
Sometimes, it is up to HR to stop bosses from doing the wrong thing—for example, when he is frustrated because he has to accommodate a disabled worker’s medical restrictions. If the supervisor comes up with an obviously implausible reason to fire the worker, expect trouble.

EEOC suit accuses PPG of disability discrimination

08/30/2017
When Pittsburgh-based PPG Industries purchased paint supply company Revocoat, it inherited a plant in Michigan—and an ADA problem.

Hershey faces ADA suit

08/30/2017
A fired worker in Seattle alleges chocolate giant The Hershey Co. wasn’t very sweet to her when she asked for a reasonable accommodation for her bad back.

Beware discipline right after employee files lawsuit

08/30/2017
If an employee sues her employer and suddenly faces increased scrutiny, she may argue that she’s being retaliated against. She would have an even stronger case if the employer was singling her out for extra scrutiny.