Tag: disability

You Must Be Diligent About Accommodating Disabilities—Every Single Day

A California court recently ruled that an employer’s failure to accommodate an employee’s disability on one single day, even though the employee had been appropriately accommodated for months before that, can still result in employer liability. The employer dropped the ball, the court said, by failing to notify all managers of the employee’s accommodation needs. […]

Seventh Circuit Says Driving Isn’t ADA Major Life Activity

by Brian Burbrink In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as […]

EEOC Moves Forward with New ADA Regs

The U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with new regulations that will make it much easier for employees claiming protection under the Americans with Disabilities Act (ADA) to establish that they have a covered disability. At a public meeting in June, the EEOC voted 2-1 to approve draft changes to the existing […]

Alcohol Addiction Is Not a Blanket Defense for Theft

By Dominique Launay There can be little doubt that dealing with employees suffering from the disease of addiction “whether to drugs, alcohol, or even gambling” is a challenge for employers. That challenge becomes greater when the employee raises the addiction as an excuse for engaging in misconduct. In a recent case, the question arose whether […]

Largest Minority Group Often Most Overlooked

At 20 percent of the population, people with disabilities are America’s largest minority group. “They carry a second distinction of being America’s most invisible population,” says Wayne McMillan, president and CEO of Bobby Dodd Institute (BDI), an Atlanta-based nonprofit providing career services and job training for the disabled. “Instead of an uproar,” he says, “their […]

Top Employment Issues for States in 2009: Part 1 – WARN Acts, Immigration, ADA, and Unemployment Insurance

The nation’s economy and its impact on state budgets will be the overriding factor state legislatures address in 2009. Many states have already attacked their budget shortfalls by delaying projects, implementing hiring freezes, eliminating positions, and cutting programs. With predictions of continued shortfalls in 2009, state budgets will be first on the agenda for lawmakers. […]

Two Rules for Smart Hiring

Hiring even one new employee invokes no fewer than seven federal laws and several state laws as well, says attorney Stephen R. Woods. How does an employer navigate this legal minefield? Woods, a shareholder with the national law firm of Ogletree Deakins, offered two tips at a recent BLR Employment Law Update conference in Las […]