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ADA

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.

Telecommuting a reasonable accommodation?

07/15/2014
Q. We have an employee with a disability who has requested to work from home part time as an accommodation for her disability. Are we required to grant this request?

OK to terminate if ADA accommodation fails

06/24/2014
Sometimes, a disabled employee simply cannot perform his or her job to the standards you legitimately expect. If you make reasonable accommodations and try to find a way for the employee to successfully perform the essential functions of the job, you have done all you are required to do. You can terminate the employee for poor performance.