ADA

Beware ad hoc accommodation approvals

12/13/2022

Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Ask these questions to determine what’s an essential function

12/07/2022

Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

Avoid expensive pregnancy bias mistakes

12/06/2022

Give up your seat on a train or bus to a pregnant or disabled person—please do so. Provide reasonable accommodations for pregnant or disabled people at work—in these instances, you better comply. In the case of Circle K, the penalty was $8 million.

Dismissal valid if based on “unprofessional” behavior

11/17/2022

East Carolina University dismissed a student with bipolar disorder from its master’s degree program. The student sued, alleging a violation of the ADA.

Hiring disabled workers? No time like the present

11/17/2022

For disabled workers, the pandemic has been both a crisis and an opportunity—a crisis because so many suffer from disability-related morbidities that make getting infected very dangerous, and an opportunity because remote work flourished. Plus, the shortage of workers has meant more chances for disabled applicants to be hired than ever before.

Don’t let holiday party end in litigation

11/15/2022

Getting together in person in a casual and festive environment is an opportunity to reestablish relationships and strengthen the corporate culture. But all that merriment comes at a price—potential lawsuits over everything from booking a non-accessible site for your disabled workers to religious objections if the party is mandatory to sexual harassment fueled by excess alcohol and lowered inhibitions. Here’s how to throw a party with minimal legal risk.

Protect yourself from ADA suits with specific job descriptions

11/08/2022

You may want to stand out in your job descriptions and advertisements. But job notices are more than promotional material. They can be used in court to decide if employees who sue have a leg, or document, to stand on.

Panic attacks that don’t affect performance cannot cause termination

10/25/2022

Pivotal Home Solutions, a home warranty company headquartered in Illinois, must pay $175,000 and provide other relief to settle a disability discrimination lawsuit brought by the EEOC, the federal agency announced on Oct. 13.

Allergies and the ADA

10/25/2022

Workers suffering from allergies might be entitled to accommodations under the Americans with Disabilities Act, depending on the type and severity of their allergies. Apart from the ADA, allergies might also be covered under other disability nondiscrimination legislation.

EEOC warning: Consider disabilities when enforcing drug tests

10/20/2022

A veteran suffering from PTSD received an offer of employment conditioned upon a negative drug test. The applicant subsequently took the drug test and received a “non-negative” result. The next day, the applicant’s job offer was revoked without explanation.

ADA