ADA

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.

Standardize accommodations process to manage your ADA risks

04/03/2014

Disabled employees who need reasonable accommodations can’t jump the gun and sue prematurely. If they continue doing their jobs and their employer does not take any adverse action against them, they don’t yet have grounds for an ADA lawsuit.

Obama’s 2015 budget: Less for DOL, but more for EEOC enforcement

04/02/2014

The Obama administration’s proposed 2015 budget calls for a slight reduction in federal funding for the U.S. Department of Labor but bigger bucks for the EEOC.

How far must we go to accommodate a pregnant employee’s no-lifting request?

03/31/2014

Q. We have a pregnant employee who works as a nurse and has asked that she be excused from lifting patients during her pregnancy. Do we have to grant her request?

Warn bosses: No joking ever about impairment