Tag: ADA

$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]

Plaintiff’s Attorney Fined for Withholding Evidence in ADA Suit

An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]

3 Key Factors Make the ADA Different

There are three key ways the Americans with Disabilities Act (ADA) differs from other discrimination statutes, says Attorney Joan Farrell: the layers of analysis required, the obligation to consider reasonable accommodation, and the added prohibition against association discrimination. Layers of Analysis The ADA requires a several step analysis, but it is not hard if you […]

Why Does Sandy Get to …? (Caution: Don’t Answer)

It’s a tough situation when a coworker asks, “Why does Sandy get to do that?” and “that” is an accommodation you’ve made for Sandy’s disability. But you can’t discuss the disability, says Trainor. Trainor, who is senior managing editor at BLR®, was joined in her presentation at the Human Resources Leadership Association in Mystic, Connecticut, […]

Teach Your Trainers How to Engage Uninterested Managers

The information in today’s Advisor is adapted from the Ask the Editor service at hr.blr.com. The training question is, “How do you get uninterested managers to participate in a training session?” Here is how our training expert responded: Provide need-to-know information and create a dynamic learning environment, says Dr. Earl Taylor, a former master trainer […]

What Makes the ADA Different? 3 Key Factors

Layers of Analysis The ADA requires a several step analysis, but it is not hard if you work it through step by step, says Farrell. Her remarks came at a recent meeting of the Human Resources Leadership Association in Mystic, Connecticut. Farrell, who is a legal editor at BLR®, was joined in her presentation by […]

Contractors Must Implement Hiring Goals for Workers With Disabilities, Veterans

Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]

Employee Who Left Drug Rehab Not Entitled to ADA, FMLA Protections

An employee who abused drugs and then failed to complete a rehabilitation program was not entitled to job protection by the Americans With Disabilities Act or the Family and Medical Leave Act, the 5th U.S. Circuit Court of Appeals ruled. ADA does not protect illegal drug users who are not seeking treatment, and FMLA does […]

$4.5M Settlement Ends Decade-long Disability Suit against USPS

The U.S. Postal Service will pay $4.5 million to settle claims that it failed to accommodate employees with hearing impairments. The court-approved agreement ends the decade-long class action dispute. The class action (Hubbard v. Donahoe, No. 03-1062 (RJL) (D.D.C. July 31, 2013)) stemmed from two related actions brought before the U.S. Equal Employment Opportunity Commission. […]

EEOC Says FBI Must Reconsider Special Agent With Vision Impairment

The U.S. Department of Justice discriminated against an individual with a disability in its hiring process, in violation of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission has found. EEOC determined that DOJ ran afoul of the law, which prohibits disability discrimination by entities receiving federal funds, when it rescinded a conditional […]