ADA

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.

Don’t let holiday party end in litigation

11/15/2022

Getting together in person in a casual and festive environment is an opportunity to reestablish relationships and strengthen the corporate culture. But all that merriment comes at a price—potential lawsuits over everything from booking a non-accessible site for your disabled workers to religious objections if the party is mandatory to sexual harassment fueled by excess alcohol and lowered inhibitions. Here’s how to throw a party with minimal legal risk.

Protect yourself from ADA suits with specific job descriptions

11/08/2022

You may want to stand out in your job descriptions and advertisements. But job notices are more than promotional material. They can be used in court to decide if employees who sue have a leg, or document, to stand on.

Panic attacks that don’t affect performance cannot cause termination

10/25/2022

Pivotal Home Solutions, a home warranty company headquartered in Illinois, must pay $175,000 and provide other relief to settle a disability discrimination lawsuit brought by the EEOC, the federal agency announced on Oct. 13.

Allergies and the ADA

10/25/2022

Workers suffering from allergies might be entitled to accommodations under the Americans with Disabilities Act, depending on the type and severity of their allergies. Apart from the ADA, allergies might also be covered under other disability nondiscrimination legislation.

EEOC warning: Consider disabilities when enforcing drug tests

10/20/2022

A veteran suffering from PTSD received an offer of employment conditioned upon a negative drug test. The applicant subsequently took the drug test and received a “non-negative” result. The next day, the applicant’s job offer was revoked without explanation.

Consider accommodation request as illness

10/06/2022

Here’s a warning to share with managers and supervisors. An employee with a medical issue may be disabled and entitled to reasonable accommodations but doesn’t have to request one. It’s enough that he lets someone in management know about the condition and requests a change in the workplace.

Pulling accommodation? You need a business reason

09/08/2022

It can be legally risky to withdraw an ADA reasonable accommodation that has been previously approved and implemented. However, it’s not impossible—if the employer can demonstrate a solid business reason why the change was necessary.

Gender dysphoria considered ADA disability