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ADA

Super-sized customer steamed at White Castle restaurants

10/12/2011
Little booths and big customers may not be the best combination. A 290-pound man is suing the Columbus-based White Castle burger chain, claiming he suffered embarrassment and injured his knee when he tried to squeeze into a booth in a restaurant in New York.

Posthumous settlement shows ADAAA impact

10/12/2011
Maxim Healthcare Services has agreed to pay $160,000 to the estate of a Minneapolis nurse who died of cancer, ending a tragic case that highlighted the reach of the Americans with Disabilities Act Amendments Act.

Did Scooter Store pull an ADA fast one?

10/04/2011

File it under “Ironic.” The Scooter Store faces EEOC charges that it failed to accommodate an employee who had a hard time getting around because of an injured knee. The New Braunfels-based chain sells motorized scooters and power chairs for people with limited mobility.

Track employee input on ADA accommodations

10/04/2011
When it comes to accommodating disabilities, the process is supposed to be interactive. That means both the employee and em­­ployer are supposed to discuss how best to accommodate a disability while meeting everyone’s needs. It’s important to keep excellent records showing your efforts at accommodation and em­­ployees’ responses—especially if they are less than cooperative.

Challenge it! ADA suit, disability claim don’t mix

09/28/2011

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

No additional leave required after FMLA ends

09/28/2011

Employees covered by the FMLA are entitled to return to their jobs after taking up to 12 weeks off to deal with a serious health condition. But sometimes employees aren’t fully recovered when their leave runs out. Then they often ask for some form of accommodation that will let them perform the essential functions of their jobs. Employers don’t have to reinstate such employees under the FMLA.

After FMLA, consider granting more ADA leave

09/28/2011
What should you do if an em­­ployee has used up all her available FMLA and personal leave and still needs periodic time off? If she has a disability, you may be required to let her take more leave as a reasonable accommodation under both the ADA and the New Jersey Law Against Discrimination.

Failure to offer drug test option prompts ADA lawsuit

09/23/2011
The EEOC has filed a lawsuit against G2 Secure Staff, a staffing company with offices in Raleigh, for failure to accommodate a disabled applicant.

Was that insubordination, or an accommodations request?

09/22/2011

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

Follow DOT rules for drivers with disabilities

09/22/2011
Employers that list driving a commercial vehicle as an essential function of a position can rest assured that if a disabled employee cannot get recertified under DOT regulations, there is no need to offer other accommodations. An employee lacking certification isn’t otherwise qualified for the job and therefore not covered by the ADA.