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ADA

Philadelphia settles ADA failure-to-accommodate suit

04/06/2017
The EEOC and the city of Philadelphia have reached a settlement concerning a disabled city sanitation worker.

No investigation? That’ll be $4.5 million

03/30/2017
Say a manager claims a subordinate broke the rules and wants him fired. Don’t just take the boss’s word for it and rubber-stamp that termination recommendation.

New hire wasn’t qualified? Disability is irrelevant

03/29/2017
A disabled worker has to prove that he would be otherwise qualified.

Granting leave may trigger ‘regarded as disabled’ claim

03/15/2017
Approving leave for someone who has claimed a disability may mean you are regarding the employee as disabled. Effectively, that may mean he really is disabled for ADA purposes.

ADA accommodation can’t be based on disabled employee’s promise not to sue

03/15/2017
Never condition an accommodation on the employee’s promise to drop an EEOC complaint or a threatened lawsuit.

Mental health accommodations addressed in EEOC guidance

03/03/2017
The ADA only covers mental health conditions if they constitute disabilities, meaning they substantially limit a major life activity.

Beware individual liability for wrongful terminations under Pennsylvania state law

03/03/2017
Under the Pennsylvania Human Rights Act, employees who are actively involved in termination decisions may be deemed personally liable for aiding and abetting violations of the law.

Document every aspect of ADA interactive accommodations process

03/03/2017
If the employee never requested modifications to an accommodation, he won’t be able to claim later that the employer didn’t engage in the interactive process. The fault would lie with the employee.

No ADA violation if worker cannot perform the job

02/27/2017
It’s not an ADA violation to refuse to hire someone who obviously can’t meet the physical requirements for performing a job.

Court expands ADA protection, OKs transfer away from specific location and supervisor

02/27/2017
A federal court in California has opened the door for mentally disabled employees seeking accommodations to request a transfer away from specific locations and individuals.