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ADA

Boss: Prove you’re HIV-free. EEOC: See you in court

11/08/2016
Houston nightclub hotspot Diallo’s faces an EEOC lawsuit after the owner allegedly insisted an employee prove she was HIV-negative.

Disability and constructive discharge linked

11/02/2016
Disabled employees who quit when their employer refuses to consider possible reasonable accommodations may have a constructive discharge claim under the ADA.

Harassment causes disability? You must accommodate

10/27/2016
An employee could become so agitated that she develops an anxiety disorder that requires a reasonable accommodation—such as separating the harasser from her.

Warn about associational discrimination against employees who are caregivers

10/27/2016
Make sure supervisors clearly understand that they cannot discriminate against employees who happen to associate with protected individuals such as children or other dependents with disabilities.

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.