ADA

Employee represents herself? Be patient

08/28/2013

The best approach when faced with an employee who files her own lawsuit without a lawyer’s help is to exercise patience. In almost all cases, a judge will toss out the case as soon as he or she is convinced there’s nothing there.

You’re not Dr. Phil! Bosses and HR should manage–not label–employees’ problems

08/27/2013

Supervisors and HR sometimes use psychological lingo to describe employee behavior that they find annoying or disturbing. But watch out: That amateur armchair analysis can create legal headaches for your organization.

Track all ADA requests to establish timeline

08/22/2013

Track each request for ADA reasonable accommodations, along with your response. An employee’s right to sue over the denial begins as soon as it becomes obvious that her employer refused to accommodate her, and won’t be extended just because she keeps asking for an accommodation.

Can we fire admitted drug user, or should we offer time off for treatment?

08/20/2013

Q. We have an employee who has been performing poorly and who has shown up for work appearing to be intoxicated. In a discussion with a manager, the employee admitted that he was currently using cocaine and it was affecting his personal and work life. We haven’t done a drug test on the employee, given his admission of drug use. We want to fire the employee, but we aren’t sure if the FMLA or any other law requires us to give him time off to undergo treatment?

Not all FMLA mistakes will cost you in court

08/20/2013

What if your mistaken belief that an employee has a serious health condition prompts you to grant FMLA leave? Does she have any legal basis to sue? Probably not.

What should we do? Employee says he’s allergic to co-worker’s service dog

08/13/2013

Q. After making several accommodations for an employee who was recently diagnosed with epilepsy and assigned a service dog, another employee is now claiming he is allergic. Can we ask for medical documentation to confirm his allergy? And aside from moving him farther away from the dog, are there other accommodations we are required to make for him?

Obesity is Now a ‘Disease,’ AMA says; What’s That Mean for HR?

08/09/2013

The American Medical Association (AMA) this summer officially designated obesity as a “disease”—instead of as a condition. The AMA’s designation does not carry any official change in the law or regulations. But experts say it could increase the likelihood that obese employees will be deemed “disabled” under the Americans with Disabilities Act (ADA), plus increase your organization’s workers’ comp costs.

Have solid reason for termination if employee previously engaged in protected activity

08/07/2013

Employees who file discrimination charges are protected from retaliation; any adverse action an employer takes afterward can be retaliation. The closer in time the two events are, the more likely a retaliation claim will stick. Your only real protection is having a rock-solid reason for your action.

ADA: Sometimes, no accommodation will work

07/30/2013

Some disabled applicants or employees will never be able to perform their jobs. However, you can only reach that conclusion after both sides engage in the interactive accommodations process. If no accommodation will let the person perform the job’s essential functions, you can terminate an employee or reject an applicant.

How to avoid being sued for caregiver discrimination

07/26/2013

While family responsibility discrimination (FRD) is not a new protected category (and no federal law expressly prohibits employment discrimination against caregivers), a number of laws provide protection for employees with caregiving responsibilities.

ADA