ADA

Settling ADA claim: Good records essential when offering money in exchange for resignation

06/26/2015

Are you considering settling an ADA accommodations case by paying a lump sum? Do you think the employee could do his job with an accommodation? Then keep good records of your accommodations process, the medical records you used to consider possible accommodations and other information about the employee, his job and his abilities.

You, not employee, choose ADA accommodation

06/26/2015

Yes, employers are supposed to engage in an interactive process to arrive at reasonable ADA accommodations. But that doesn’t mean everything the employee wants, the employee gets. It’s up to the employer to determine which accommodation is both reasonable and best suited to its business needs.

The ADA at 25: Disability by the numbers

06/24/2015

To commemorate the 25th anniversary of the ADA’s enactment, here’s a look at some of the hard numbers that define disability at work, as compiled by the U.S. Census Bureau.

Extra leave isn’t always ADA accommodation

06/16/2015

The FMLA and the ADA are supposed to work together so employees who need some time off for serious health conditions and disabilities don’t lose their jobs. Fortunately for employers, there are limits to leave—especially for jobs that require regular attendance.

Temporary injuries aren’t disabilities under the ADA

06/09/2015

Don’t assume that every injury is a disability. Many times, injuries heal within a few weeks or months with proper treatment and don’t end up as disabilities protected by the ADA.

Telecommuting not always a reasonable ADA accommodation

06/09/2015

A federal appeals court has ruled that telecommuting is not always a reasonable accommodation under the ADA. The case involved a Ford employee suffering from a disability, but the court found that on-site attendance was an essential function of the plaintiff’s job.

Long list of EEOC complaints costs Chicago temp agency $800K

05/31/2015

A Chicago-area staffing agency that checked almost all the boxes on the EEOC’s what-not-to-do list has agreed to settle two lawsuits filed on behalf of temp workers.

Caltrans liable for not addressing accommodation requests

05/20/2015

The California Court of Appeal has upheld a jury’s verdict finding the California Department of Transportation (Caltrans) liable for failure to provide a reasonable accommodation and failure to engage in the interactive process.

Oakland, Ca. children’s hospital settles ADA complaint

05/20/2015

The Children’s Hospital and Research Center in Oakland has reached a settlement with an employee who had cancer and was fired for taking too much medical leave.

Hidden disabilities: What’s your duty to accommodate?

05/18/2015

While the Americans with Disabilities Act says you must offer a “reasonable accommodation” to disabled employees, how obvious must the person’s disability be before you fall under that requirement? And what is the employee’s duty to alert you and request the accommodation? As this case shows, courts don’t expect you to play a guessing game with your staff. Employees have a responsibility to explain their conditions and request an accommodation.

ADA