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ADA

How to manage pregnancy-related accommodations

01/18/2023
With the recent passage of the Pregnant Workers Fairness Act, all pregnant women are now entitled to reasonable accommodations for pregnancy-related complications. A recent case decided before the PWFA became law offers tips on how to handle pregnancy-related accommodation requests.

EEOC settles its first COVID remote-work claim

01/04/2023
In the EEOC’s first COVID-related claim where remote work was deemed an accommodation under the ADA, an employee who became sick at work with a fever and uncontrollable cough claims she was fired for refusing to return to the office.

Autistic employee fired after 37 years: McDonald’s will pay $100,000 to settle

12/22/2022
Two months after a new franchisee took over a McDonald’s restaurant, management fired Anthony, an employee with autism, who had worked at McDonald’s for 37 years, earning excellent performance reviews and accolades.

Pregnant Workers Fairness Act passes House, shot down in Senate

12/21/2022
A bipartisan group of senators tried, in early December, to pass the Pregnant Workers Fairness Act. The act resembles the Americans with Disabilities Act in requiring employers of 15 or more employees to make reasonable accommodations to allow pregnant workers to continue working safely.

What is a reasonable accommodation in hiring? A new guide explains

12/15/2022
Requests for accommodations under the ADA can be daunting. A new paper, entitled “Employers’ Practical Guide: Reasonable Accommodation During the Hiring Process,” discusses the most frequent situations employers face when handling accommodation requests from applicants with disabilities.

Beware ad hoc accommodation approvals

12/13/2022
Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Ask these questions to determine what’s an essential function

12/07/2022
Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

Avoid expensive pregnancy bias mistakes

12/06/2022
Give up your seat on a train or bus to a pregnant or disabled person—please do so. Provide reasonable accommodations for pregnant or disabled people at work—in these instances, you better comply. In the case of Circle K, the penalty was $8 million.

Dismissal valid if based on “unprofessional” behavior

11/17/2022
East Carolina University dismissed a student with bipolar disorder from its master’s degree program. The student sued, alleging a violation of the ADA.

Hiring disabled workers? No time like the present

11/17/2022
For disabled workers, the pandemic has been both a crisis and an opportunity—a crisis because so many suffer from disability-related morbidities that make getting infected very dangerous, and an opportunity because remote work flourished. Plus, the shortage of workers has meant more chances for disabled applicants to be hired than ever before.