02/13/2012
Q. We have a couple of employees who get tardies for being late and their excuses have been that they’re in the bathroom due to a disability. So I follow them to the bathroom because I know they are lying. Am I breaking the law by following them? Is this considered harassment? It’s getting out of hand.
02/09/2012
Under the ADA, employees who claim to be disabled must show that their condition substantially impairs a major life function. Minnesota has its own version of the law. It requires that employees show their condition materially impairs a major life function. That’s a lower standard, but still a tough one for employees to prove.