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ADA

Top 10 FMLA and ADA issues employers must know how to handle

07/12/2017
When HR professionals are surveyed, they routinely rate the FMLA and the ADA as the two most difficult laws to deal with. Here’s a look at 10 of the most challenging FMLA and ADA issues HR struggles to handle.

Huntsville, Texas camp settles pregnancy bias, ADA suit

07/12/2017
Carolina Creek Christian Camp in Huntsville has agreed to pay $70,000 to settle a pregnancy and disability discrimination lawsuit filed by the EEOC on behalf of a former employee.

No need to over-indulge chronic complainer

07/03/2017
Certainly check to see if the complaint is reasonable and reflects a real workplace problem. But if it’s just a case of peevish griping, you don’t have to bend over backwards to please a malcontent.

Never assume pregnant employee can’t work

06/15/2017
Here’s an important reminder to pass along to your organization’s supervisors: While pregnant employees who experience complications may be temporarily disabled and entitled to reasonable accommodations, never assume an employee has limitations just because she is pregnant.

Amarillo trucking company pays disabled applicant

06/13/2017
Flying Star Transport in Amarillo has agreed to settle charges it violated the ADA when it refused to hire a truck driver whose arm had been amputated when the driver was a teenager.

ADA and Texas disability law differ: No state right to medical confidentiality

06/13/2017
Texas courts interpreting Chapter 21 of the Texas Labor Code generally attempt to interpret it consistently with federal anti-discrimination laws. They frequently look to federal court decisions for guidance. However, there are differences between Texas and federal anti-discrimination laws.

Texas Supreme Court rules on disability

06/13/2017
The Texas Supreme Court has reversed a lower court’s decision that urinary incontinence is not a disability under the state’s disability discrimination laws.

What does ADA say about accommodation when employee has communicable disease?

06/06/2017
Q. We discovered that a beloved member of our kitchen staff has hepatitis A. I know that many protections exist for individuals with disabilities, but we are worried about him handling food. Can we reassign him to the front of the house as a host?

Fear of violence: Can we terminate employee who has mental illness?

06/06/2017
Q. We discovered that one of our employees has a history of unprovoked violent fits due to schizophrenia. We certainly sympathize with our employee’s struggle, but we also worry about the safety of customers and other employees. Does state law allow us to fire him for this reason?

Can a thermostat adjustment really be an ADA reasonable accommodation?

06/06/2017
Q. One of our employees suffers from arthritis and has complained that the temperature of the office triggers joint pain. She has requested that we heat the entire office to 80 degrees Fahrenheit as an accommodation of her disability. Must we do so?