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ADA

Must we grant time off for rehab?

09/16/2011
Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to check into a rehabilitation program. May we deny his request?

ADA accommodations aren’t always possible

09/16/2011
Sometimes, employers have to stand their ground and refuse to try an un­­workable accommodation.

EEOC targets Pine City firm for yet another ADA case

09/16/2011
For the second time since 2009, Product Fabricators is being charged with disability discrimination. Accord­­ing to an EEOC complaint, the Pine City-based sheet metal manufacturer fired an injured employee instead of accommodating him.

Don’t want to budge on accommodations request? Plan on defending yourself in court

09/16/2011
Here’s an important reminder to pass along to managers and supervisors: Simply dismissing a disabled employee’s request for accommodations is folly unless it is crystal clear that no accommodation is possible.

No free disability pass for insubordination

09/16/2011
Employers have the right to ex­­­pect everyone to behave ap­­pro­­pri­­ately at work. That includes employees with mental disabilities who may have trouble with communication and perception. What that means: You are free to punish inappropriate behavior regard­less of its cause.

Managing ‘job creep’ in today’s jobless recovery

09/13/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent survey. That’s “job creep,” and it’s a big problem, with important employment law implications. It may already be hurting your company. Here’s how to fix it.

Use flextime schedule to curtail requests for unreasonable ADA accommodations

09/07/2011
One possible accommodation for disabled employees is a modified schedule that lets them take medications at prescribed times. To facilitate that, you may want to create a companywide flexible-schedule program. Doing so may mean a disabled employee won’t be entitled to any additional schedule changes.

Feds find fault with ‘no fault’ attendance policies

09/06/2011

Verizon’s recent $20 million settlement of a class-action lawsuit—the largest disability settlement in EEOC history—is shining a spotlight on the legal risks of no-fault attendance policies. The lawsuit claimed the company violated the ADA by refusing to make exceptions to its no-fault attendance policy to accommodate employees with disabilities.

Warn bosses: Don’t ask about caregivers’ responsibilities

09/02/2011
Employees can sue for discrimination based on being associated with a disabled individual. Employers must make sure they don’t use such associations as factors in job decisions. More employees are claiming that supervisors are discriminating against them because of fear that caring for a disabled individual will affect job performance.

Brief tenure, quick settlement with El Paso Starbucks

09/02/2011
Elsa Sallard, a dwarf who worked as a barista at an El Paso Starbucks, has settled her lawsuit against the company for $75,000. Sallard claimed Starbucks fired her after just three days on the job when she asked to stand on a stool behind the counter.