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ADA

What’s good enough to win one case might be a loser when applied to a different claim

08/30/2017
Even if you think you have a rock-solid reason to fire someone, don’t count on it as an airtight defense against every lawsuit. Your rationale might, for example, be an excellent defense against an age discrimination claim, but not against an FMLA claim.

Beware firing as employee nears eligibility to take FMLA leave

08/30/2017
If an employee says she is going to need FMLA leave as soon as she becomes eligible, terminating her may amount to interference with the right to take FMLA leave. That’s true even though she wasn’t eligible for leave when she was fired.

EEOC on the way? Prepare your supervisors

08/24/2017
If you haven’t had to interact with EEOC investigators yet, chances are you will eventually. And a supervisor who hasn’t been properly prepared to deal with EEOC investigators can sink your case fast.

Move on if employee won’t discuss ADA accommodation

08/21/2017
Employers are supposed to engage in the interactive accommodations process with disabled workers to arrive at workable accommodations. But what if the employee stops communicating with HR about suggested accommodations?

Never pre-judge obviously disabled applicants

08/17/2017
Pre-judging an applicant with an obvious disability can lead to big legal trouble. Just mentioning such a disability—think needing crutches to walk, for example—can become the basis for a discrimination lawsuit if the applicant isn’t hired.

UPS settles EEOC disability discrimination suit for $2 million

08/15/2017
International shipping giant UPS has agreed to pay $2 million to nearly 90 current and former employees to settle a nationwide EEOC disability discrimination lawsuit filed in 2009.

EEOC sues M&T Bank, alleging disability bias

08/03/2017
When Buffalo-based M&T Bank purchased Hudson City Savings Bank, it got a little more than it bargained for. It inherited the fallout from HCSB’s “100%-healed” policy, which requires employees to take sick leave unless they could work with no medical restrictions whatsoever.

ADA hostile environment claim moves forward

08/03/2017
To date, the 2nd Circuit Court of Appeals has not ruled definitively that the ADA provides an avenue for a claim of a hostile work environment based on disability. That may soon change. A lower court has approved such a case for trial.

When is telecommuting considered a reasonable ADA accommodation?

08/03/2017
Q. Our organization rarely if ever lets employees work from home. An employee in our marketing department is struggling with a disability and has asked to work from home as an accommodation. Would that be a reasonable accommodation?

How should staff conducting employment interviews accommodate deaf applicants?

08/03/2017
Q. The recruiting manager of our company is interviewing a deaf applicant for an open position. What should she keep in mind during the interview?