ADA

Periodic depression may not be ADA condition

01/03/2014

Do you have an employee who sometimes becomes depressed and needs FMLA leave on an intermittent basis to deal with flare-ups? If so, he’s not necessarily disabled under the ADA.

OK to discipline disabled worker for rule-breaking

01/03/2014

Don’t worry that you can’t discipline disabled workers—if you can show that you punish all employees equally for breaking the same rule. An employee’s disability is irrelevant as long as you don’t cut slack for other employees while punishing the disabled worker.

ADA: Essential Functions

12/31/2013

HR Law 101: An employer needn’t hire a disabled person if he or she lacks the requisite skills, experience and education for the job in question. But if the deciding factor is the disability, you must prove that the condition interferes with what the ADA terms the “essential functions” of the job …

ADA: Reasonable Accommodation

12/30/2013

HR Law 101: Under the ADA, a “reasonable accommodation” enables a qualified individual with a disability to perform the job’s essential functions. But an accommodation is considered unreasonable when it causes the employer an undue hardship …

Weigh ‘reasonableness’ when considering ADA time off after employee has taken FMLA leave

12/23/2013

If you can show that the financial and logistical costs are unreasonably high, you don’t have to extend time off as an ADA reasonable accommodation.

Time off may be reasonable accommodation

12/23/2013

Some employees aren’t very reliable. They call in sick with the slightest excuses—sometimes, right before you are about to discipline them for absenteeism. But what if your employee claims she had a medical emergency and that she has a doctor’s excuse?

Factor disabled employee needs into planning for natural disasters

12/10/2013

When disaster strikes, smart employers have contingency plans in place to keep the business running. Such plans need to account for the kind of emergency facing the organization—and how it will handle the needs of disabled employees during and after the disaster.

Toys ‘R’ Us to pay for disability bias during hiring process

12/05/2013

Just in time for the holidays, Toys ‘R’ Us will be giving a deaf Maryland woman $35,000 to settle an EEOC complaint that store managers discriminated against her during the hiring process.

Service-related health problem seems minor? Employee might still have ADA disability claim

12/03/2013

Ordinarily, the ADA doesn’t protect employees who have temporary physical problems that don’t last long or seriously interfere with their lives. But ailments and conditions that last indefinitely are another matter. That’s especially true for a veteran who the VA has rated as partially disabled by service-related injuries.

Even one employee in Texas? Then he can sue you in Texas courts

12/02/2013

Don’t assume that just because your company is not located in Texas, you can’t be sued in the state. As long as your company employs someone in Texas, that’s enough.

ADA