Tag: ADA

Bipolar Employee’s Failure to Return to Work Dooms ADA Claims

By Ryann E. Ricchio, JD A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, […]

Balancing Work and Cancer: How HR and Managers Can Help

By Rebecca V. Nellis, MPP, Chief Mission Officer A cancer diagnosis often catches people by surprise. When the person with cancer is one of your employees, knowing how to react is not intuitive. The truth is, when an employee discloses their diagnosis to you, they are looking for direction. Your next steps will be remembered […]

Experts Highlight Employment Law Issues for Associations

Associations need to have a special take on legal issues, because they are nonprofit, small employers and they may have to comply with laws in the District of Columbia, which has been a bellwether in promulgating liberal employment laws, causing some legal experts to call it the “California of the East.” To explain employment issues […]

EEOC Wants Feds to Provide Personal Assistants to Disabled

While the provision of a personal assistant generally has not been considered a “reasonable” accommodation required by disability nondiscrimination laws, federal employers may soon have to make such accommodations for workers with disabilities. In a Notice of Proposed Rulemaking scheduled to be published in the Federal Register Feb. 24, the U.S. Equal Employment Opportunity Commission […]

Employer Pays $50K for Refusing to Hire Worker in Methadone Treatment Program

A temporary staffing agency based in Baltimore has agreed to pay $50,000 to resolve claims that it refused to hire an applicant because of her participation in a methadone treatment program. Randstad, US, LP entered into the agreement to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging that its actions violated the Americans with […]

Reinstatement Rights under the FMLA and ADA

Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave? What are the exceptions to reinstatement under each law?