ADA

Consider ADA–not just the FMLA–when employee experiences difficult pregnancy

08/14/2012

Most pregnancies proceed normally, with little or no real trouble for the mother. However, that’s not always the case. When things go wrong, the mother-to-be may be entitled to reasonable accommodations under the ADA. That’s true even if she hasn’t worked for her employer long enough to be eligible for FMLA leave.

Can we demand certification of violent employee’s alleged mental illness?

07/31/2012

Q. One of our employees physically threatened her co-workers. When confronted about the incident, the employee claimed that her behavior resulted from being bipolar. May we ask the employee to provide medical certification to prove that she is bipolar?

How not to treat a learning-disabled employee

07/31/2012

Here’s a cautionary tale for supervisors who have a learning-disabled subordinate. Do all you can to accommodate the employee and don’t let co-workers—or anyone in the workplace—make fun of disability traits.

School drops teacher’s contract after son comes out

07/27/2012

Sharon Wright, a former teacher at Covenant Christian Academy in Harrisburg is suing the private school, claiming officials there made her life intolerable after her son revealed he is gay on a social media website.

Consider ADA before applying tardiness rules

07/27/2012

When an employee tells her supervisor she has a disability that makes it hard for her to get to work on time, it’s critical to factor that into any decision to apply a no-fault tardiness policy. Refusing to do so may be disability discrimination.

After surgery, look for ways to accommodate employee

07/25/2012

Make sure your supervisors know they must consider post-surgery ADA accommodations and should forward such requests to HR. Under no circumstances should an employee be summarily fired just because she’s used up her FMLA leave and still needs help during recovery.

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:

ADA