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ADA

ACLU, TSA settle case of HIV-positive applicant

11/09/2011
The federal Transportation Security Administration has settled a lawsuit brought by the national ACLU and its Florida chapter. The ACLU filed an administrative complaint on behalf of an HIV-positive Air Force veteran who was rejected for a job as a transportation security officer because of his HIV status.

Workers don’t get two chances to prove they’re disabled

11/09/2011
A federal judge has ruled that an em­­ployee who lost one ADA discrimination case because the court found she wasn’t disabled can’t sue again, claiming that she is disabled.

Employee returning from FMLA leave? Insist on ability to perform essential functions

11/09/2011
Employees who take FMLA leave for their own serious health condition are entitled to return to their former jobs or equivalent ones once their leave is up. But if an employee still can’t perform an essential function of the old job, you may not have to reinstate him.

Worried about ADA: Can we discipline for misbehavior caused by medical condition?

11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?

Expanded ADA disabilities coverage may affect drug testing

11/01/2011

We all anticipated that the Ameri­­cans with Disabilities Act Amend­­ments Act (ADAAA) would make it easier for certain medical conditions to qualify as protected disabilities. That was, after all, the point of the law. Earlier this year, the EEOC provided an example of just how well the ADAAA may do that.

Known disability, safety concern? Testing OK

11/01/2011

Disabled employees may believe that their employers can never insist that they take a test related to the disability. That’s not true. For example, if an employee has a known disability and is observed making safety-related mistakes, it’s perfectly reasonable to demand an assessment of whether the employee is capable of performing the job.

Texas health care firms sued for health-related firings

10/31/2011
Workers at two Texas health care companies are suing, alleging in separate lawsuits that their employers discriminated against them because of health-related issues. One suit claims pregnancy discrimination and FMLA interference, while the other says a worker was fired just before she was scheduled to undergo a costly surgical procedure.

Solving for the unknown: No duty to accommodate disability that employee never revealed

10/31/2011
Some disabled employees never tell employers about their con­­ditions—even if their disability could affect performance. And of course you know you shouldn’t treat employees as disabled unless they claim a disability. But what if you fire someone for poor performance?

In Pittsburgh, HIV test and pulled offer prompt ADA suit

10/27/2011
Pittsburgh-based Capital Healthcare Solutions faces a disability discrimination suit after it rescinded a job offer to an HIV-positive applicant. The EEOC sued on the applicant’s behalf, claiming Capital Healthcare rescinded its job offer solely on the basis of the man’s disability …

The ‘Scarlet M’: State uses shame, fines to fight misclassification

10/25/2011
A new law allows the California Labor and Workforce Development Agency (LWDA) to levy fines of at least $5,000 against employers that misclassify workers and requires the em­­ployers to publicize their violations on their company websites. Em­­ployers face penalties as high as $25,000 for willfully misclassifying employees as independent contractors.