ADA

Disability accommodation not working? Restart interactive process before making changes

03/29/2024

Sometimes, an employee’s health condition changes, requiring a modification of a previously chosen accommodation. When that happens, the interactive process must start all over again. Employers cannot unilaterally drop an accommodation or substitute another.

Accommodating staff with anxiety disorders

03/13/2024

The psychological condition known as anxiety disorder is characterized by feelings of worry or fear that are strong enough to interfere with one’s daily activities. It comes in several varieties, including generalized anxiety disorder that has no specific focus and social anxiety disorder, which is triggered by social interactions.

As employer, you get to choose and implement your preferred disability accommodations

03/13/2024

Employers and disabled employees must engage in an “interactive process” to determine what accommodations will allow employees to perform the essential functions of their jobs. If more than one might work, the employer gets to pick which one to implement. Once that’s done, the employer has met its ADA obligations, even if the employee refuses the accommodation.

ADA doesn’t require unlimited leave

02/09/2024

Here’s a powerful reason to require regular attendance as an essential job function: A new federal appeals court decision makes it clear that the ADA’s reasonable accommodations provisions strictly limit time off as a reasonable accommodation when employers can show that a job’s essential functions include showing up for work as scheduled.

Develop a process for extending FMLA leave

01/26/2024

Every employer needs a clear process for handling requests for additional time off after an employee exhausts FMLA leave. How you handle those requests can make the difference between winning and losing a disability discrimination lawsuit.

Beware bad-mouthing effective employees after they request accommodations

01/22/2024

Always keep an eye on the optics of the employment-related actions your organization’s managers take and the decisions they make. Suddenly criticizing an employee who recently sought a disability accommodation, for example, is not just a bad look; it could also trigger a costly lawsuit.

ADA: If employee’s preferred accommodation won’t work, you must explore alternatives

01/17/2024

Here’s a reminder to make sure you pay more than lip service to following the ADA and its requirement to reasonably accommodate disabled applicants who are qualified to perform their jobs. As one employer recently learned, it’s not enough to become known as a welcoming place for disabled workers. You must follow through whenever a disabled employee requests a reasonable accommodation.

Accommodating Alzheimer’s and other forms of dementia in the workplace

01/17/2024

If you have a worker who reveals a dementia diagnosis and requests reasonable accommodations, follow your usual ADA accommodations process. Determine if the employee is disabled and discuss possible accommodations using the ADA’s interactive process.

Help employees who are experiencing infertility and pregnancy loss

12/19/2023

There’s a good chance at least some of your employees may need accommodations as well as leave as they attempt to conceive, remain pregnant or deliver a child.

ADA: Unpaid leave can be reasonable accommodation

12/04/2023

The ADA requires employers and disabled employees to engage in an “interactive process” to explore possible accommodations that will enable the employee to perform a job’s essential functions. Then, the employer can pick the reasonable accommodation it prefers. But what if the employer chooses to place the employee on unpaid leave until a temporary flare-up of a disabling condition subsides?

ADA