ADA

Beware blanket ban on religious expression

02/02/2016

Employees have a right to reasonable accommodation of their religious practices. That means employers must try to find ways for employees to exercise their beliefs unless doing so would be an undue burden.

When employee must care for loved one, beware liability for association bias

01/29/2016

Watch out for a growing litigation danger known as association discrimination. More courts are allowing ADA lawsuits to move forward based on suspicion that an employee who has a disabled family member was punished because he might miss work in the future.

ADA: It’s OK to just agree to accommodation

01/25/2016

When a disabled employee asks for a reasonable accommodation, the employer is supposed to engage in an interactive process to explore the options. But what if you prefer to skip the discussion and simply agree to the employee’s suggested accommodation?

Feds target no-fault attendance

01/08/2016

No-fault attendance programs were designed to be completely objective, the idea being that all absences and therefore all workers are treated equally. But the FMLA and ADA require employers to know why an employee was absent, so the “hear no evil” approach can’t work.

Could yelling at the boss be an ADA disability?

01/04/2016

Q. One of our employees recently shouted at his supervisor, and in doing so violated a work rule. In the course of counseling and disciplining—but not discharging—this employee stated for the first time that he has a disorder which might have caused his conduct. May we still discipline this employee?

Document every ADA accommodation offer

12/16/2015

Sometimes, an employee doesn’t want to ask for disability accommodations, even though it would help him perform his job. Regardless, document your offer to accommodate. That could be a legal life-saver if you ever have to terminate the employee for poor performance.

Question in Dallas: Can elected official claim ADA protection?

12/07/2015

Dallas District Attorney Susan Hawk, who admits she has a history of mental illness and drug abuse, checked herself into an inpatient treatment facility. Now, she maintains she is back on the job and fully capable of performing it. Not everyone agrees.

Employer gets to choose ADA accommodation

12/07/2015

The ADA requires employers and employees to discuss potential reasonable disability accommodations with each other. However, the bottom line is this: The employer gets to choose which accommodation to implement, not the employee. As long as the chosen accommodation is reasonable, the employee’s desires take no precedence.

Is nicotine addiction a disability?

11/12/2015

Q. An employee says she must be allowed to take smoke breaks. She claims she is so addicted to nicotine that she has a disability, and that therefore I must accommodate her requirements. If I don’t allow her to take smoke breaks, can she sue me?

Think twice before suddenly withdrawing ADA accommodation that’s been working