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ADA

7th Circuit favors employer on pregnancy complications & ADA

10/18/2011
Are pregnant employees who develop complications disabled and entitled to reasonable accommodations under the ADA? A federal appeals court considered the question for the first time in Serednyj v. Beverly Healthcare LLC.

Chicago bank branch fires low-vision worker after a day

10/18/2011
The EEOC is suing Bank of America, alleging it violated the ADA by firing a visually impaired worker after one day on the job at one of its Chicago locations.

Doubtful disability? Exercise patience anyway

10/18/2011

Occasionally, it may seem like an employee is exaggerating a disability and being difficult just for the sake of being difficult. That’s no reason to reject her claims outright. Instead, focus on following your usual ADA accommodations process.

If FMLA will soon expire, start interactive ADA process

10/12/2011

If you immediately fire employees who have used up their FMLA leave—without considering whether they may be disabled and need reasonable ADA accommodations—you may be making a big mistake. Instead, let the employee know you want to begin the interactive accommodations process right before FMLA leave runs out.

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.