ADA

Part-time schedule may not be ADA solution

05/28/2014

Employees who have used up all available leave may want to return to work part time while they are still healing from an injury or illness. Whether part-time work is a reasonable accommodation under the ADA depends on whether all essential functions of the job can be performed part time.

When deciding ADA accommodations, demand complete medical information

05/23/2014

Disabled employees are entitled to reasonable accommodations, which must be decided on the basis of an interactive discussion between the employer and employee. Some employees, perhaps sensitive about their medical histories, try to limit the information their employers can see. That can compromise the interactive process.

Would a disability accommodation work? Test and see

05/19/2014

Let’s say you have an employee who is returning to work from an injury. The ADA requires you to offer her a “reasonable” accommodation, but you want to make sure the accommodation is safe. So you decide to have the employee demonstrate that accommodation to see for yourself. That’s a smart move … just make sure you follow through on the demonstration.

11 employment laws (almost) every employer must follow

05/13/2014

Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of businesses that must comply. Use the following list to make sure you’re not spending time and money complying with laws that only apply to larger businesses.

Never link absences to employee’s disabled relative

05/01/2014

Here’s an easy way to avoid unnecessary litigation: If you are disciplining an employee for missing too much work, don’t tie absences to a disabled relative’s condition. If you do, you may end up losing an association discrimination case.

Disabled employee does job successfully? Then no ADA accommodation is required

05/01/2014

Under some limited circumstances, employers may be obligated to suggest reasonable accommodations for struggling workers who have obvious disabilities that appear to interfere with their ability to perform essential job functions. But that’s really only true for employees whose disabilities are obvious and limit the employee’s ability to speak up for himself.

ADA: Minor complications following surgery don’t add up to a disability

04/30/2014

When someone has surgery or undergoes extensive medical treatment, it’s fairly common to have temporary and lingering problems with energy levels, memory and general feelings of wellbeing. But these don’t make the employee disabled under the ADA.

ADA disability: Always allow for individualized assessment of employee’s condition

04/30/2014

Disabled employees are entitled to individualized assessments of their limitations so employers can determine if a reasonable accommodation is possible. It’s crucial to be flexible.

Focus on behavior, not possible disability when disciplining employees

04/15/2014

Here’s a tip that may save you from unnecessary litigation: When it comes to disciplining a disruptive worker, focus on the behavior. Don’t speculate on the reason the employee may be disruptive.

Brownsville answers ADA suit in case of fired police officer

04/07/2014

The city of Brownsville has filed its answer to a former police officer’s suit alleging the city violated the ADA when it fired her shortly after discovering she suffered from Sjogren’s syndrome, which causes headaches, dry eyes and joint pain and swelling.

ADA