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ADA

Doubtful accommodations? Let employee try anyway

05/31/2016
Refusing to consider an ADA accommodation can spell big legal trouble. Give disabled workers a chance to prove they can do the job.

Absent health problems, obesity isn’t ADA disability

05/30/2016
Merely being obese is not a disability under the ADA, a federal appeals court has ruled.

Disabled employee wants to work from home? That may be a legitimate ADA accommodation

05/27/2016
Disabled employees with the right kind of jobs may be entitled to work from home or another remote location as a reasonable accommodation.

Abercrombie rule doesn’t cover ADA bias

05/27/2016
Last year, the U.S. Supreme Court’s EEOC v. Abercrombie & Fitch ruling made it clear that to prevail in a Title VII discrimination case, the employee only has to show that a protected characteristic such as sex or religion was a motivating factor in an employer’s discriminatory decision.

Flexibility makes for good accommodations–and a good strategy for winning ADA lawsuits

05/13/2016
Employers that exercise patience and remain flexible over the long term are best positioned to win an ADA failure-to-accommodate lawsuit filed by a disabled employee.

HR Minnesota Legal Briefs

05/13/2016
Merely being obese is not a disability under the ADA, a panel of the 8th Circuit Court of Appeals has ruled.

OK to set limits on intermittent ADA leave

05/09/2016
If employees have disabilities that flare up periodically, be prepared to provide reasonable accommodations—within limits.

ADA: ‘Unlimited’ sick days aren’t reasonable

05/09/2016
At some point, providing more leave interferes with performance of the job’s essential functions. That point is easily reached when the employee demands unlimited sick days as an accommodation.

Disability: It’s never a joking matter

05/02/2016
Supervisors must understand that they have a responsibility to stop harassment immediately and take steps to prevent it from recurring.

Prove good faith on ADA accommodations by tracking response to offers

04/28/2016
Be sure to track employee accommodation offer responses to show lack of cooperation.