ADA

Corning nursing home settles GINA, ADA lawsuit

02/18/2014

The Founders Pavilion nursing home in Corning will pay $370,000 to settle charges it violated the Genetic Information Nondiscrimination Act and the ADA. The problem: The facility asked job applicants about their family medical histories during post-offer, pre-employment physical examinations.

Smell alcohol on employee’s breath? What to do now

02/07/2014

When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

Disabled staff: How much slack must you give?

01/31/2014

Supervisors and HR are usually leery about lowering the discipline hammer on employees with disabilities. But they don’t need to be. An employee’s disability status is irrelevant as long as you can prove that you punish all employees equally for breaking the same rule.

Henderson nursing home settles disability discrimination suit

01/28/2014

The owners of the Britthaven of Henderson nursing facility has agreed to pay a former cook $50,000 to settle charges it refused to accommodate her disability.

ADA: Medical restrictions matter, not duration

01/24/2014

For many years, employers felt safe denying accommodations for allegedly disabled employees when it was clear that their medical conditions were temporary and not permanent. That’s no longer the best approach.

Firm that serves disabled settles ADA complaint

01/24/2014

Vallejo-based Pace Solano has settled charges it violated the ADA when it withdrew an employment offer after discovering the applicant’s disability. Pace Solano provides services for Solano County citizens with developmental disabilities.

Weigh ADA, FMLA when considering return to work following disability leave

01/22/2014

Under the ADA, disabled employees may be entitled to disability leave beyond what’s available through the FMLA and other accrued leave like vacation and personal time. However, they may not be entitled to reinstatement to their prior position.

ADA: Is worker’s demand for parking space ‘reasonable’?

01/22/2014

Employers have been told for years that the ADA requires them to accommodate disabled employees so workers can perform their jobs’ essential functions. But as this ADA-expanding court ruling shows, you may need to be more open to accommodating any kind of accommodation request—not just one that’s linked to essential functions …

ADA: Overview

01/11/2014

HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities who can perform a job’s essential functions with or without reasonable accommodation. All employers that have 15 or more employees must comply with the law …

ADA: Drug and Alcohol Addiction

01/10/2014

HR Law 101: The ADA requires employers to walk a fine line between enforcing reasonable workplace safety and behavioral rules and making accommodations for those who are addicted to drugs or alcohol. The law doesn’t protect current users of illegal (i.e., “street”) drugs, but it does protect alcoholics and those who’ve shaken their drug addiction sufficiently to no longer be classified as active illegal users …

ADA