ADA

It’s dangerous to let supervisors set ADA accommodations

11/09/2012

Smart employers don’t leave it up to a direct supervisor to manage ADA reasonable accommodation. Instead, they work out a system that requires HR’s oversight. Otherwise, a boss with a grudge could set up a disabled employee to fail—and set the table for a costly ADA lawsuit.

EEOC: Domestic violence victims may be protected from job discrimination

11/07/2012

No federal employment law specifically prohibits job discrimination against domestic violence victims. But the EEOC released a Q&A fact sheet in October 2012 to clarify that Title ViI and the Americans with Disabiilties Act (ADA) “may apply to employment situations involving applicants and employees who experience domestic or dating violence, sexual assault, or stalking.” Read the full Q&A here …

What’s a ‘reasonable’ accommodation? It’s your call, not the disabled employee’s

11/06/2012

Some disabled employees think the ADA lets them demand a specific accommodation for their disabilities. That’s simply not true. As long as the workplace changes are truly “reasonable” and actually accommodate the disability, you have done everything the law requires.

Wilmington medical center settles ADA dispute for $146K

11/01/2012

The New Hanover Regional Medical Center in Wilmington will pay $146,000 to a class of applicants and employees because the hospital erroneously regarded them as disabled.

Suspect employee has relapsed into drug use? Never say so without proof

11/01/2012

Under the ADA, it’s illegal for employers to discriminate against employees who have a history of drug addiction but who aren’t current users. Before you or anyone else in management comments on suspicions that an employee has backslid, make sure you have evidence to back the claim.

Handicapped man fired for limping, typing too slowly

10/27/2012

A former employee in Bank of America’s mortgage office in Pittsburgh is suing the bank, claiming he was fired because of his disability.

ADA warning for bosses: You’re not qualified to diagnose employees’ mental illness

10/27/2012

The ADA protects employees with mental health problems from discrimination. That makes it dangerous for managers to engage in armchair psychology.

ADA: You choose which accommodation to use

10/22/2012

Disabled employees are entitled to reasonable accommodations. But that doesn’t mean they get to select the one accommodation they prefer. As long as the accommodation is reasonable, the employer gets to choose which one best fits the situation.

Is this asking for trouble? Our sick policy requires a doctor’s note containing a diagnosis

10/18/2012

Q. Our policy states employees must provide a doctor’s note if they take sick leave of three or more days. Are we violating any laws by demanding the doctor’s note, which includes a diagnosis?

Must we employ someone with allergies?