ADA

Disability: Consider job changes, extra leave

10/27/2016

Under California’s Fair Employment and Housing Act, disabled employees are entitled to reasonable accommodations that can include job modifications and even additional time off to recuperate.

Do we need to accommodate a disabled contractor just like we would an employee?

10/17/2016

Q. We just hired a contractor for a special project. He has complained that he is sensitive to the smells in our office, which include personal fragrance, scent diffusers and “smelly” food. Since he isn’t our employee can we just tell him to put up with the odor?

How far do we have to go to accommodate employee’s migraine headaches?

10/17/2016

Q. Our receptionist gets occasional migraine headaches, and she gave us a long list of “triggers” that she wants us to eliminate at work. The list includes no fluorescent lights. We cannot afford to replace all of our fluorescent lights. Can we just say no?

Zika preparedness: Consider employee safety and legal issues

10/07/2016

As temperatures in the Northeast cool and mosquitos disappear until spring, the Zika virus may no longer be on people’s minds, but it should remain on your radar.

Revisit accommodations if they’re no longer effective

10/06/2016

It’s perfectly acceptable to periodically review ADA accommodations to ensure they still work.

OK to terminate disabled worker if there is no possible way to accommodate

09/26/2016

You can terminate a disabled individual if you conclude the employee can’t under perform the essential functions of a job with or without accommodations.

Disabled employee’s accommodations a hassle?

09/07/2016

Don’t let annoyance over disability accommodations turn into retaliatory harassment.

Relax! Your arbitration agreement is likely valid

09/04/2016

As long as you get expert legal help creating a valid arbitration agreement, Texas courts will probably enforce it.

Nickle-and-diming plaintiff? Prepare to pay yourself

08/22/2016

If you pester an employee who is suing you with expensive pretrial tactics, you may wind up on the hook for his legal bills.

DHR ruling challenges disabled hiring practices in Bloomington, Minn.

08/15/2016

A “sheltered workplace” in Bloomington, Minnesota, where disabled employees are paid pennies on the dollar may face changes following a Minnesota Department of Human Rights ruling. DHR Commissioner Kevin Lindsey found probable cause that Opportunity Partners discriminated against a disabled worker when it refused to consider him for one of its fully paid staff positions.

ADA