ADA

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.

Don’t apply ADA to temporary conditions

06/08/2012

Some employees believe that any physical problems that linger after surgery or other medical treatment are disabilities that entitle them to ADA protection. That’s not true. Disabilities are permanent. Temporary, post-surgical problems don’t qualify.

Showing up for work: Do courts see it as ‘optional’?

06/07/2012

Finally! A court has figured it out. When disabled employees take leave under the ADA, it’s not always an open-ended ticket to calling in absent. If regular attendance is an essential element of the job, then calling in absent is not a “reasonable” accommodation …

Commuting help isn’t reasonable accommodation

06/04/2012

Employers are supposed to provide reasonable accommodations that remove barriers to working for disabled workers. But those accommodations don’t have to include implementing changes that make a disabled employee’s commute easier.

Hiring managers aren’t doctors! Don’t let them turn away disabled applicants

05/30/2012

Remind managers who take job applications that they can’t automatically turn away applicants with disabilities. That can cause a lawsuit that could result in huge punitive damages.

ADA