Tag: ADA

Depression: Can We Fire a Depressed Employee Who’s Not Up to Par?

We have an employee who just got divorced, and lately he’s been coming to work late and cutting out early. His work is suffering, too—he’s making lots of careless mistakes and has been short with our customers, not to mention picking fights with his co-workers. While he used to be a better employee than he […]

Tool of the Week: Leave Laws Guide

Handling employee requests for time off due to illness or injury can be one of the most difficult–and frustrating–parts of an employer’s job. That’s because a complicated array of state andfederal laws governing family leave, workers’ compensation, and disability discrimination may come into play–each involving different rules, definitions, and obligations. And complying with one law won’t […]

Disability Discrimination: Long-Running Case Involving Refusal to Rehire Recovering Addict Demonstrates How Questionable Decision Continues to Haunt Company

Nearly two years ago, we began reporting on a lawsuit involving Hughes Missile Systems’ decision not to rehire an employee terminated for reporting to work under the influence. The question of whether the decision violated the Americans with Disabilities Act (ADA) went to the U.S. Supreme Court, which sent the case back to the Ninth […]

Disabled Workers: New Ruling Highlights Key Differences Between ADA And California Law

Although the disability provisions of the California Fair Employment and Housing Act (FEHA) were modeled after the Americans with Disabilities Act (ADA), the two laws have some key differences—and the California rules provide greater protection for disabled employees. We’ll tell you about a new ruling from a federal court in San Francisco that focuses on […]

Reasonable Accommodation: Court Examines Limits to Employer’s Obligation to Engage in Interactive Process with Disabled Employee

When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]

Americans with Disabilities Act: New EEOC Fact Sheet Guides You in Accommodating Diabetics in Your Workplace

During the past five years, the Equal Employment Opportunity Commission (EEOC) has seen a 13 percent increase in the number of charges filed under the Americans with Disabilities Act (ADA) alleging discrimination based on diabetes. And according to the Centers for Disease Control, approximately one million cases of diabetes are diagnosed each year in the […]

Disabled Workers: Appeals Court Rules ADA Protects Diabetic Employee; Simple and Inexpensive Accommodations You Could Implement

Diabetes is a major health problem affecting more than 17 million Americans—about 6.2 percent of the population—according to the American Diabetes Association. Chances are you might have an employee who asks you for a reasonable accommodation related to the disease. We’ll tell you about a new ruling that focuses on this issue and suggest ways […]

Disability Bias: Threat to Demote Disabled Employee Who Wouldn’t Relinquish Accommodation Illegal; Train Your Supervisors

A new Ninth Circuit Court of Appeal ruling highlights that you can’t threaten an employee with discipline, demotion, or discharge for exercising their rights under the Americans with Disabilities Act, including the right to an accommodation. Employee Taken Off “On-Call” Duty Brenda Brown was a Tucson, Ariz., police detective in the neighborhood crimes unit. When […]