ADA

PTSD is no excuse for employee’s misbehavior

12/20/2016

Employees don’t get a pass on bad behavior just because they are disabled.

When ADA is at issue, attendance is job requirement

12/12/2016

The longer an injured employee stays out, the less likely the employer will lose an ADA lawsuit over a subsequent termination.

Make sure job descriptions reflect reality

12/12/2016

If an employee can show that a job description isn’t accurate, the court may take her employee’s word for it.

Injury doesn’t necessarily mean employee is disabled

11/23/2016

Sometimes, employees misunderstand what it means to be disabled under the ADA and state disability laws.

Court: Sleep apnea test legitimate for truckers with high body mass index

11/14/2016

A federal appeals court has refused to reinstate a lawsuit over whether it constitutes an illegal medical test under the ADA to force someone with a high body mass index to undergo a sleep apnea test.

Always consider disability accommodations

11/14/2016

Even if you believe no accommodation is possible for a disabled worker, the ADA requires you to at least consider the possibility.

A short-handed Supreme Court declines one case, adds another

11/11/2016

The employment law cases the Supreme Court refuses to hear can be almost as important as those it decides.

Diagnosis alone doesn’t prove ADA disability

11/11/2016

It’s not enough that an employee alleges he or she has been diagnosed with what may be a disabling condition.

Accommodation requires completely new job? Disabled employee must give it an honest try

11/08/2016

Employers aren’t required to create new positions to meet a disabled employee’s needs, but they must consider the employee for open positions that he or she may be qualified to perform.

Disability doesn’t excuse worker misbehavior