ADA

New boss isn’t a reasonable accommodation

10/31/2014

Employees who claim that the stress of working for a particular supervisor exacerbates or even creates a disability sometimes think they can request a new boss as a reasonable accommodation. After all, if one supervisor “caused” the disability, then having a different one might “cure” it, allowing the employee to successfully perform her job again. But courts don’t see it that way.

EEOC says medical inquiry violated ADA, GINA

10/14/2014

Shoreview, Minn.-based Cummins Power Generation faces a suit from the EEOC after it fired an employee who had missed work for refusing to provide medical information in conjunction with a fitness-for-duty examination. According to the suit, the company sought medical information that wasn’t related to the reason for the employee’s absence.

Can we–should we–try to accommodate employee’s traffic anxiety?

09/26/2014

Q. One of our employees claims that traffic gives her anxiety and wants to alter her work schedule to avoid driving during peak travel times. It wouldn’t be a big deal but we’re afraid that if we do it for her, we will start to receive similar claims from other workers who have similar commutes. Do we have to accommodate her?

Inpatient treatment for alcoholism enough to prove disability to court

09/26/2014

Workers alleging disability discrimination generally have to show that they have a condition that substantially limits a major life function. But they don’t necessarily have to drag a doctor into court. They can prove a condition such as alcoholism by showing that they underwent inpatient treatment and suffered withdrawal symptoms while there.

When is telecommuting a reasonable accommodation under the ADA and state law?

09/19/2014

Q. One of my employees was recently injured in a nonwork-related accident. If this employee returns to work and requires an accommodation to perform his duties, can allowing him to telecommute be considered reasonable accommodation?

Employee must request more leave as ADA accommodation

08/29/2014

Employees facing the end of FMLA or other medical leave are sometimes entitled to additional time off as a reasonable accommodation under the ADA. But they have to ask.

Are we courting trouble by denying accommodations to pregnant employees?

08/18/2014

Q. Since pregnancy does not qualify as a disability under the ADA, our company denies all special accommodation requests granted by otherwise healthy employees who are pregnant. Does this policy make us vulnerable to a lawsuit?

Does our automatic termination policy expose us to liability for ADA violations?

08/18/2014

Q. Our company has a leave-of-absence policy that states that any employee on leave longer than 12 months will be terminated. Our company’s leadership insists on this policy out of what they call business necessity. Are we opening ourselves up to risk?

EEOC publishes new guidance on Pregnancy Discrimination Act

08/14/2014

The EEOC has issued new guidance tying Pregnancy Discrimination Act requirements to the broader disability definition in the ADA Amendments Act.

Employee must address ADA, FMLA thresholds up front

07/31/2014

Here’s a case that may help you get an ADA or FMLA case dismissed quickly when an employee is acting as her own attorney. A worker has to allege up front in her lawsuit that her employer has enough employees to be covered by the FMLA or the ADA.

ADA