• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Don’t let response to domestic violence & sexual assault land you in court

10/10/2013
Most of the time, employers that learn that someone is experiencing some form of domestic violence try to do what they can to help the em­­ployee manage the situation. Some­­times, however, employers aren’t exactly supportive. The EEOC has taken the position that, on occasion, employer missteps in these situations may be a form of discrimination under federal law.

Bronx KFC turns away veteran with service dog

10/10/2013
A manager and an employee at a Bronx Kentucky Fried Chicken restaurant are being sued after they told a disabled Iraqi war veteran he had to leave because he had a dog with him. The vet tried to explain that his dog, named Valor, was a service animal.

ADA: Making accommodations doesn’t mean you accept that employee is disabled

10/10/2013
Consider this when deciding whether to offer a simple and cheap accommodation to an employee who claims he’s disabled: Offering help doesn’t mean you accept that he’s disabled. You can still challenge his status under the ADA if he sues.

Even if not job-related, consider granting easy disability accommodations

10/02/2013
Some accommodations requests aren’t directly related to the disabled employee’s job functions. Take, for example, simple accommodations like changing arrival and departure times so a disabled employee can take a specific bus or providing a reserved parking spot next to the entrance. Those accommodations fall within the scope of the ADA.

Is ‘doesn’t play well with others’ a disability?

10/02/2013
Some employees are completely unable to get along with others. Sometimes, psychological problems may be at the heart of the trouble and the employee may claim she has a disability that must be reasonably accommodated. Employers don’t have to create jobs as an accommodation, making the only possible option termination.

Cold response to accommodation request puts firm in hot water

10/01/2013
Rose Hill-based House of Raeford Farms faces an EEOC disability discrimination suit after it fired a worker who requested a transfer to accommodate her disability.

When employee has difficult pregnancy, don’t get creative with FMLA, ADA

09/30/2013
Not everyone has an easy pregnancy, birth and recovery. Em­­ployers that refuse to recognize this reality and don’t offer accommodations for unusual circumstances face potential liability under both the FMLA and the ADA. What’s more, HR professionals and supervisors may find themselves personally liable for mistakes they make along the way.

Make sure handbook spells out how leave works as a reasonable accommodation

09/27/2013
Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.

Less liability if you knew of disability on hiring

09/16/2013

Some employers worry that hiring a disabled employee increases the chances they will be sued for disability discrimination. Don’t worry needlessly. The fact that you knew the employee was disabled actually helps later if he sues for discrimination.

The clock is ticking: Note exact date employee learned of termination decision

09/06/2013
Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they ­forever lose the right to sue.