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.

EEOC Releases Guidance on Mental Health Conditions

The Equal Employment Opportunity Commission (EEOC) has released informal guidance for advising employees of their legal rights in the workplace with regard to depression, post-traumatic stress disorder (PTSD), and other mental health conditions. Although the guidance is geared to employees, it provides insight for employers as to the EEOC’s position on protections provided for employees […]

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Employer Fails to Accommodate Temporarily Disabled Nurse

by Maggie Spell LeBato A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—offers a reminder about your obligation to provide a reasonable accommodation for an employee with a disability if it will permit her to perform the job. The ruling is also a reminder of what it takes […]

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Lifting Restriction Dooms Hawaii Employee’s Disability Bias Claim

by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]

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Employees Must Participate in ADA’s Interactive Process in Good Faith

by Martin J. Regimbal The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.

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