Tag: disability accommodation

pretext

Kansas Case Shows Perils of ‘Pretext’ in Disciplinary Actions

A recent Kansas federal court decision provides a good reminder of the importance of engaging in the interactive process when you’re dealing with disability accommodation requests. The ruling also highlights the perils of “pretext” (or false excuses) when articulating nondiscriminatory reasons for disciplining an employee.

stress

Dealing with the unseen: Tips for traversing legal terrain of hidden disabilities

Work can be stressful for anyone, and employers are wise to ease the burdens when possible in the interest of maintaining productivity and the general well-being of the workforce. But disabilities can complicate the issue, especially when the disability isn’t obvious.  Human resources professionals may be well aware that the Americans with Disabilities Act (ADA), […]

Taking the high road: Marijuana at work could trigger obligations to question

by Cory Sully While access to medical marijuana has increased in Canada over the last few years, the consumption of medical marijuana has arguably become less taboo with the new Trudeau government’s pledge to eventually legalize and regulate this substance. In the summer of 2016, the government made the Access to Cannabis for Medical Purposes […]

Are coworkers out to get paranoid employee?

by J. Steven Massoni Mental impairments are some of the most challenging disabilities to accommodate. Read on to learn about how one company managed a difficult situation with an employee who suffers from a mental health disorder and how your company should respond in similar circumstances.  Imagine this Kenneth Tyler has worked for the company […]

Identifying accommodations for employee who can’t use the stairs

by Michael J. Spooner Q What is considered a reasonable accommodation for an employee who can’t take the stairs during emergencies or because of maintenance issues with the elevator?  A While the Americans with Disabilities Act (ADA) doesn’t provide guidance regarding reasonable accommodations for an employee who is unable to use the stairs during an […]

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

Employers may be required to accommodate unhygienic employees

by Deanna L. Forbush Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Many employers require employees to […]

EEOC issues new guidance on leave of absence and ADA accommodations

by Paige Hoster Good On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This document doesn’t create any new EEOC agency policy or propose any new law. Rather, it consolidates current guidance on the […]

EEOC sends employers strong signals on medical leave

by Troy D. Thompson Over the last several months, the Equal Employment Opportunity Commission (EEOC) has filed a significant number of lawsuits alleging disability discrimination under the Americans with Disabilities Act (ADA) against employers across the country. The cases are instructive because they highlight the EEOC’s current enforcement policies, identify common areas of risk under […]

Does Banishing Scents Make Sense at Work?

It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to […]