ADA

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.

Employee prone to mistakes? That doesn’t mean she’s disabled

11/27/2013

Some employees can’t seem to get it together and do their jobs properly. While an underlying medical or psychological problem may be the cause, don’t assume that’s the case if the employee hasn’t asked for help or a reasonable accommodation.

Don’t let preconceived notions of disabled employee’s capabilities affect reinstatement

11/14/2013

Some jobs are physically difficult to perform, especially for someone with a disability. But if a disabled employee’s doctors believe she can perform the essential functions, let her try. Otherwise, you face a potential disability discrimination lawsuit.

Does ‘he doesn’t play well with others’ rise to the level of an ADA disability?

11/11/2013

Some employees have a very difficult time getting along with others. That’s usually a personality issue. But sometimes, psychological problems may be at the heart of the trouble. As a result, the employee may claim she has an ADA-protected disability that must be reasonably accommodated. If employees ask to be able to avoid co-workers, that’s not reasonable.

EEOC: Longview Popeye’s violated ADA

10/31/2013

The EEOC is suing a Popeye’s Chicken and Biscuits franchisee, alleging it illegally refused to hire an HIV-positive man for a job at a Longview restaurant. In its complaint, the EEOC claims Famous Chicken of Shreveport violated the ADA when it refused to hire the well-qualified applicant because of his condition.

ADA