ADA

You choose the reasonable accommodation

02/24/2015

It’s up to the employer to choose which ADA reasonable accommodation it wants to offer a disabled employee. If the worker wants a different accommodation, he’s out of luck.

Allergic worker or boss’s dog: Who needs to go?

02/11/2015

Q. Our owner brings her dog to work every day. We have a new employee that just found out—due to health-related issues—that she is allergic to the dog. The owner said she won’t terminate the employee, but the employee needs to decide whether she wants to stay or not, because the dog is not going anywhere …

Texas ADA payouts nearly doubled over past five years

02/10/2015

A recent study of EEOC ADA enforcement actions has revealed that Texas employers paid out $9.7 million to employees in 2013. That’s up sharply from $5.4 million in 2009.

Beware slow-to-emerge need for accommodation

02/10/2015

Can you reject an applicant you previously agreed to hire because you discover a disability you don’t think you can accommodate? Maybe—but expect a court fight.

When to use leave as an accommodation for disabled workers

02/09/2015

The U.S. Department of Labor-sponsored Job Accommodation Network has published new guidance on using leave as an accommodation under the ADA.

EEOC under fire for wellness stance

02/05/2015

A parade of witnesses before the Senate Health, Education, Labor and Pensions Committee on Jan. 29 called on the EEOC to relax enforcement of rules that keep some employers from using voluntary wellness plans to control health care costs.

Tell bosses: Don’t query medical appointments

02/02/2015

Warn supervisors that they shouldn’t comment on the time that employees take off for medical treatments. If the underlying medical condition is a disability under the ADA, such comments may come back later to haunt the employer.

ACA vs. ADA: EEOC loses on wellness programs

01/13/2015

The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

Workplace Drug Testing

01/01/2015

HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don’t manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits …

ADA