Category: ADA & Disabilities

The Americans with Disabilities Act protects qualified disabled employees from discrimination. HR Daily Advisor gives you the background you need on who’s covered, what constitutes a “reasonable accommodation”, issues involving health insurance and medical leave, tax incentives for employers, and more.

Ask the Expert: Should Paid Disability for Maternity Leave Be Extended to Men?

Question: We have many offices throughout the United States. Several states offer short-term disability (STD) programs for maternity leave after the birth of the child. Some do not. If we were to offer a company paid equivalent in the states which do not offer a STD for this time period, would it be a discriminatory […]

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What 2017 Holds for Disability and Absence Management

2017 is a year of uncertainty for the HR sector. Absence and disability management professionals are no different. A new president and Congress are sure to institute laws and regulations that make changes great and small. At the same time, states and localities continue to make their own legal and regulatory changes, especially around paid leave.

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California Employee’s Inability to Return to Work Dooms Disability Case

by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]

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Univision Radio Host Sings the Blues Over Adverse Disability Ruling

Can an employee’s frequent tardiness be used to establish that she has a disability because she is limited in the major life activity of working? Does an employee have to request leave under the California Family Rights Act (CFRA) before she has the right to take job-protected leave under the CFRA? A California Court of Appeal answered those questions in a recent case brought by a radio host.

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No ADA Violation for Ramping Up Productivity Demand for Traffic Camera Job

Under the Americans with Disabilities Act (ADA), an employee who is a qualified individual with a disability may not be subjected to discrimination or an adverse employment action on the basis of her disability. The ADA, however, does not prohibit an employer from requiring an employee to be able to perform the essential functions of her job with or without a reasonable accommodation.

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Illinois Court Takes Charge, Finds No Charge in Disability Case

Before an individual may file a lawsuit under federal and state nondiscrimination laws—such as the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Illinois Human Rights Act (IHRA)—she must first file a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a parallel state agency, such as the Illinois Department of Human Rights (IDHR). A recent decision illustrates that not every document alleging discrimination filed with such an agency amounts to a “charge.”

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Avoiding Mental Health Discrimination in the Workplace

Most employers are well aware that disability discrimination is illegal. But, some may not realize that many mental health issues are also covered by the Americans with Disabilities Act (ADA). Just like any physical disability, mental health conditions are covered by the ADA, and employers cannot discriminate against qualified applicants or employees with such conditions. […]

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