Tag: accommodation

Disability-Related Questions And Medical Exams, Part 2: EEOC Guidelines For Handling Common But Thorny Problems

The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]

News Notes: Employer Must Consider Reassigning Disabled Employee To Positions At Equivalent Pay Level

A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level […]

Reasonable Accommodations: Court Says Restructuring Job May Not Be Enough; 3 Steps To Take To Prevent Getting Sued

One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]

Disability Bias: Court Orders United Airlines To Pay $200,000 For Not Accommodating Mentally Disabled Employee; Helpful Do’s And Don’ts

The Americans with Disabilities Act requires you to try to reach an accommodation in cases involving mental or physical disabilities by engaging in an “interactive process” with an employee. But a recent case involving United Airlines highlights several missteps to avoid—and some specific measures to take—to satisfy the ADA.

Accommodating Applicants: Wal-Mart Revamps Procedures After Hearing-Impaired Applicants Sue; How Far Do You Have To Go?

When Wal-Mart settled a disability discrimination lawsuit brought by two deaf job applicants, it didn’t just pay them lost wages and other damages. The retailer also promised to take specific steps to make it easier for hearing-impaired and other disabled workers to apply for and keep jobs. These measures provide a glimpse of what the […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]

News Notes: New ADA Ruling Protects Seniority Systems

Last year, the Ninth Circuit Court of Appeal ruled that, in most cases, an employer doesn’t have to make an exception to an established seniority system to provide an accommodation to a disabled worker. Now, the same court has clarified its original ruling, going even farther in protecting seniority policies. The case involved a disabled […]

Wage And Hour: How To Adopt An Alternative Workweek Schedule To Avoid Daily Overtime Under The New Rules

When January 1, 2000, rolls around, most California employers will have to pay overtime after eight hours in a day under the new daily overtime law. But adopting an alternative workweek schedule can help you avoid many daily overtime obligations so long as you follow the procedures set out in the new law. If you […]