Tag: accommodation

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]

Reassigning Disabled Employees: New Cases Highlight When You’re Obligated-And When You’re Not; A Road Map To Follow

What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]

Americans With Disabilities Act: New Ruling Examines Standards For Refusing To Employ Workers Who May Be At Risk For Injury

An employee has a history of fainting spells, and you’re worried that during one of these episodes the person may injure herself or another worker. What are your options? Although the Americans with Disabilities Act allows you to fire or refuse to hire an employee who poses a “direct threat” to herself or others, a […]

News Notes: New Ruling Clarifies ADA Light Duty Obligations

Several injured prison guards who lost their jobs after their doctors prohibited them from having direct contact with inmates were not discriminated against under the Americans with Disabilities Act, according to a new ruling by the federal appeals court that covers California. The King County Department of Adult Detention initially accommodated the guards’ injuries by […]

Retaliation Claims: Court OKs Lawsuit By Fired Employee Who Complained About Health And Safety Problems; How To Avoid This Fast-Growing Employer Risk

Most employers understand, in principle, that it’s illegal to retaliate against a worker who in good faith complains about an unsafe or illegal condition at work. In practice, however, retaliation cases are rarely black and white. Frequently, problems arise when an already difficult employee begins griping about something you feel is irrelevant or unimportant-and the […]

Religious Discrimination: Ruling Examines Whether Seniority System Must Give Way To Accommodation Requests When Religious Attire And Dress Codes Clash

If an employee tells you that a religious belief prohibits them from working on certain times or days, you usually must try to accommodate the person unless it would be an undue hardship. But what if your workers’ schedules are set by a seniority system? Do you still have to make a special accommodation for […]

Americans With Disabilities Act: Supreme Court Ruling Means Even More Employees May Now Be Entitled To Protection

HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]

Retaliation Claims: EEOC Issues New Guidelines Explaining Employee Rights And Your Obligations

It’s no surprise to many employers that discrimination claims have been on the rise over the past several years. But related lawsuits for retaliating against employees who lodge these complaints are also booming. From 1991 to 1997, the number of retaliation charges filed each year with the Equal Employment Opportunity Commission skyrocketed by almost 130%. […]

ADA Reasonable Accommodations: New Court Case Looks At Whether You Have To Bump Temporary Workers Or Offer Light-Duty Assignments

When an employee who has been injured on the job wants to return to work, it can be beneficial to both you and the worker to consider a light-duty assignment. Light-duty positions can keep the employee productive and help reduce workers’ comp costs. But modifying job duties can also present logistical problems and create new […]