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ADA

EEOC says Angel was vengeful

10/30/2013
Angel Medical Center in Franklin faces an EEOC lawsuit for allegedly terminating a nurse who asked for an accommodation that would allow her to keep her job while she received chemotherapy treatment.

Don’t block transfer as reasonable accommodation

10/29/2013
If they’re qualified, disabled employees may be entitled to transfer to an open position as an accommodation. Blocking a transfer may violate the ADA, unless you can show that the transfer would impose an undue hardship.

Using prison labor? You’re not an ’employer’ under ADA

10/29/2013
Absent limited circumstances, a private employer using prison labor probably isn’t required to provide reasonable accommodations under the ADA.

More time off after FMLA shows good faith

10/29/2013
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the 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.