ADA

Mandatory firings lead to $380K ADA settlement

07/18/2012

Mokena-based United Road Towing will pay $380,000 to settle charges it discriminated against employees by terminating them at the end of their medical leaves rather than exploring possible accommodations.

Benedictine Health Services settles accommodations suit

07/13/2012

Benedictine Health Services at Innsbruck has agreed to settle a disability suit lodged by the EEOC. Two former employees initially complained that Benedictine required them to be free of medical restrictions before they could return to work from medical leave unless the restrictions were due to an on-the-job injury.

Note if worker drops ADA accommodations ball

07/13/2012

Employers and employees are supposed to engage in the interactive accommodations process once an employee indicates she may be disabled. If she doesn’t cooperate, document it. You can use that later to show she’s to blame for not receiving an accommodation.

DOL issues guidance on employing older workers

07/05/2012

The DOL’s Office of Disability Employment Policy commissioned a study to explore barriers to employing the disabled and guidance for employers in hiring and managing disabled employees. The study urges employers to follow these strategies to avoid age discrimination complaints:

Sometimes, pregnancy rises to a disability

07/05/2012

Generally, pregnancy isn’t a disability under the ADA, nor are pregnancy-related complications. But under some limited circumstances—when pregnancy complications cause separate medical conditions that persist after birth—the employee may qualify as disabled under the ADA.

Assumptions about disability cost Dallas company $50,000

07/03/2012

Stevens Transport, a Dallas-area trucking company, has agreed to pay $50,000 to settle EEOC charges that it refused to hire a paraplegic man for a management position due to his disability.

Prepare for the ADA long haul: Disability accommodation isn’t a one-time event

06/28/2012

Disabled employees who need reasonable accommodations are entitled to what the ADA calls the interactive reasonable accommodations process. What exactly that means varies by the individual and may change over time. Employers that consider the interactive process as a one-time thing may end up in court.

Medical marijuana: ADA protection up in smoke

06/28/2012

A recent court ruling in California confirms that the Americans with Disabilities Act does not protect the right of disabled employees to use medical marijuana, even if it’s prescribed by a doctor. Reason: The ADA specifically notes that a person with a legally protected “disability” does not include someone who is currently using illegal drugs.

Employee using medical marijuana? Firing won’t be a violation of the ADA

06/20/2012

The 9th Circuit Court of Appeals has taken on medical marijuana and the ADA, concluding that individuals who use marijuana, even if doing so legally under state law, aren’t protected from discrimination under the ADA. That means disciplining employees for using medical marijuana won’t violate the ADA.

Document your good-faith efforts to implement ADA accommodations process

06/18/2012

The ADA requires employers to work with employees who need reasonable accommodations. Show you did so in good faith by documenting the process. That means tracking email exchanges, taking notes during meetings and generally responding as quickly as possible. Be sure to note the employee’s actions, too.

ADA