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.

empathy

Ways to Help Employees with Anxiety or Depression

When employees are struggling, there are a lot of ways the employer can impact the situation both positively and negatively. We all know that mental health is a critical component of overall health, and mental health concerns among employees can quickly become problematic. It is in everyone’s best interests for employers to be supportive and […]

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Marijuana

Connecticut’s Workplace Protections for Medical Marijuana Trump Federal Law

Employees and job applicants are now further protected from employment discrimination based on their legal use of medical marijuana under Connecticut state law. Recently, a federal district court judge determined that marijuana’s illicit status under federal law doesn’t preempt Connecticut’s explicit workplace protections for the use of medical marijuana.

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ADA

Listen Closely! 5th Circuit Court Hears Stuttering Employee’s ADA Claims

In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.

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ADA

ADA: When Is a Transfer a Reasonable Accommodation?

Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.

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disability insurance

Update Your Disability Benefits Claims and Appeals Procedures Before 2018 Deadline

HR employees typically begin planning for next year before autumn of the current year because choices about the next year’s benefits are made months before it begins. Whether you’re making many or few changes to the benefits you offer, your preparations for open enrollment provide a good opportunity to confirm that your benefits plans are […]

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nurse

Dispute Over Job Requirements Defeats Summary Judgment on Disability Discrimination Claim

The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. The court based its decision on a factual dispute over the physical requirements of the nurse’s job, her employer’s apparent failure to consider potential accommodations for her disability, and […]

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ADA

7th Circuit Reins in Medical Leave as ADA Accommodation

Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability.  How much leave is required?  Is it ever okay to terminate an employee who requests leave?  In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]

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telecommuting

5th Circuit Assures Employer That Some Good Deeds Do Go Unpunished

Although disability-based harassment/hostile work environment claims have been recognized by the courts for a while, they aren’t very common. The U.S. Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently rejected an employee’s claim of disability-based harassment under the Americans with Disabilities Act (ADA), finding her employer’s good-faith efforts to engage in […]

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ADA

Disability Discrimination in the Workplace Costs Employers

It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). It’s the expense of litigation. It’s the time employers must spend defending claims. It’s the bad publicity for the company. It’s the damage to employee […]

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