Tag: ADA accommodation

Satisfying your obligation to accommodate disabled employees

by Kara E. Shea Did you know the fastest rising category of claims filed with the Equal Employment Opportunity Commission (EEOC) is claims based on disability discrimination and/or failure to accommodate disabled employees? This isn’t surprising given that, under the expanded Americans with Disabilities Act (ADA), virtually any nonminor/nontransitory impairment may be considered a qualifying […]

You’re not a doctor, and you don’t play one on TV

by Jane Pfeifle An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of article author Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court’s […]

‘My meds made me do it’: medication side effects and the ADA

by Connor Beatty Sometimes an employee who isn’t making the grade may blame his lackluster performance on the side effects of certain medication he’s taking. Although managers may express some skepticism about that excuse, there are times when a cause-and-effect relationship might exist. That appears to have been the case for a Maine lawyer whose […]

DSM-5 offers new opportunities for disability accommodations

by Tobias S. Piering and Andrew Moriarty What do menstrual cramps, temper tantrums, and getting old have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)―a controversial but widely used authority on mental health diagnoses. New disorders Published by […]

AMA says obesity is a disease: What does this mean for you?

by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]

Sorting out rights for specific disabilities under the ADA

Employers are accustomed to the basics regarding the Americans with Disabilities Act (ADA), but the details can get tricky especially since employers must navigate the changes brought on by the ADA Amendments Act (ADAAA), which made it easier for individuals with a range of impairments to qualify for protection under the law. Recently, the Equal […]

Facing the future: Growing numbers of workers with disabilities bring challenges, opportunities

by Tammy Binford A new study from business and research organization The Conference Board says that more than 10 percent of the U.S. population currently has some form of disability. Other research from the U.S. Census Bureau shows that disproportionate numbers of people with disabilities are either unemployed or working in jobs that pay low […]

Get interactive, rules federal appellate court

by Brandon Gearhart A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky, Michigan, Ohio, and Tennessee employers) illustrates the importance of the interactive process when making employment decisions about a disabled worker. The court returned a previously dismissed Americans with Disabilities Act (ADA) claim to the lower […]

Who let the dogs out?

by J. David Kutch A Palm Beach State College (PBSC) student received permission from the school to use a service dog trained to help her deal with the effects of her psychiatric disorders. However, she failed her classes and was escorted off the campus at times, apparently because two offices at the school had different […]

EEOC plan reveals enforcement priorities

The Equal Employment Opportunity Commission (EEOC) has released a draft of its Strategic Enforcement Plan (SEP) that spells out priorities such as stepped-up efforts against hiring discrimination and harassment, new protections for various vulnerable workers, preserving access to the legal system, and dealing with emerging issues like changes brought by the ADA Amendments Act. Recruitment […]