ADA

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

05/04/2012

File this one under “Ironic.” A Hamilton-based health care company whose motto is “The people with a heart” has had to settle an EEOC lawsuit that charged it with illegally firing a disabled employee.

Employee returning from FMLA leave? It’s OK to ask about his ability to do the job

05/01/2012

After employees take medically related FMLA leave, they sometimes aren’t able to physically perform their jobs. Employers can certainly raise the issue with the employee and can even terminate the employee if he or she can’t perform the job. Just make sure you keep the ADA limitations in mind.

5 questions & answers about accommodating mental disabilities

04/27/2012

The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue.

EEOC lawsuit shows ADA mental disability peril

04/27/2012

Golden Living Center, a nursing home in Dartmouth, faces an EEOC disability discrimination lawsuit in a case that highlights the difficulty of dealing with mental disabilities under the ADA.

When FMLA and ADA could be factors, consider both laws before denying return to work

04/24/2012

An employee who takes FMLA leave is entitled to return to his job (or an equivalent one) when his leave is up if he can perform that job without any accommodation. However, if the employee is disabled under the ADA, he may be entitled to a reasonable accommodation under that law.

ADA