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by Brent E. Siler Litigation under the Americans with Disabilities Act (ADA) has been on the rise in recent years and will likely continue to increase. One area of ADA compliance fueling the increase is the duty to reasonably accommodate employees’ disabilities. While most employers are aware they have a duty to accommodate the disabilities […]
by Matthew A. Goodin Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common […]
The 2nd Circuit—which covers Connecticut, New York, and Vermont—recently heard claims that a pharmacy violated the Americans with Disabilities Act (ADA) when it fired a pharmacist, whose fear of needles prevented him from administering immunizations. Did the pharmacist have a claim for disability discrimination?
The Job Accommodation Network (JAN) has created an online “living” toolkit that continuously updates best and emerging practices in providing workplace accommodations. The contents of the toolkit’s “drawers” and other suggestions for reasonable accommodation were presented by Lou Orslene, a codirector at JAN and Deb Dagit, founder of Deb Dagit Diversity and former Chief Diversity […]
To help ensure compliance with the Americans with Disabilities Act (ADA), there are five steps employers can take, according to Dana Connell of Littler Mendelson, P.C. and Matt Morris, VP of FMLASource, ComPsych Corporation—both presenters at SHRM’s 2017 Annual Conference & Exposition in New Orleans.
Employers generally understand their obligations related to legal protections for people with disabilities. But not all disabilities are obvious, sometimes not even to those afflicted. Such may be the case when employees suffer from addiction to prescription drugs—a problem that’s been in the spotlight lately. And with good reason: The costs employers face related to […]
An employee who was reassigned to a new position after taking medical leave and then quickly laid off was not the victim of an “elaborate sham,” as he alleged, a federal appeals court has determined.
While the Americans with Disabilities Act (ADA) requires a wide array of accommodations for workers with disabilities, there are a few things that generally are not required because they fail the law’s “reasonableness” test. Among those are a promotion and a new supervisor.
Does an employer have to overlook past mistakes that were made because of an employee’s disability? The U.S. 10th Circuit Court of Appeals— which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently heard such claims.
Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee […]