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.

recruiting

Pregnancy Accommodation: A Q&A with Susan Fentin

The EEOC just settled a case against a convenience store chain operator with stores in Texas and New Mexico for a whopping $950,000. The EEOC claimed the company had discriminated against pregnant workers by subjecting them to different working conditions—and also told the workers they would not have been hired had the company known about […]

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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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