ADA

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.

Consider both the ADA and the FMLA when handling employee substance abuse

05/30/2012

The ADA and the FMLA work together to give options to employees with drinking problems, with the goal of helping them get sober and stay that way. If one of your employees needs treatment for alcoholism, consider both laws when approving time off or altering his schedule.

Under the ADA, you may not have to accommodate absenteeism

05/18/2012

In a case that tested the limits of an employer’s attendance policy, a nurse who had requested an accommodation that would have excused her from her employer’s five unplanned absences limit has lost her appeal and won’t have her case reinstated. The 9th Circuit Court of Appeals upheld the dismissal of the nurse’s lawsuit.

7th Circuit: Under ADA, disabled don’t automatically get vacant job

05/16/2012

Back in 2000, the 7th Circuit held that employers are not required to reassign disabled employees to a vacant position for which they are qualified. Although the EEOC recently challenged this position in EEOC v. United Airlines, Inc., the 7th Circuit held its ground, reaffirming its previous decision.

Employer conceals facts? Workers have more time to sue

05/16/2012

Employees typically have just 300 days from the date an alleged discrimination occurred to file an EEOC ADA-related complaint. But the calendar grows longer if the employer conceals important facts.

Reverse discrimination and transfers as ADA accommodations

05/04/2012

Earlier this year, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the following question: May a private employer give preference in hiring to a veteran with a disability over other applicants?

Personal Touch lacked it with employee