An employee or applicant who is disabled (or who qualifies as disabled) has the right to the legal protections granted under the Americans with Disabilities Act (ADA). But does that right extend to the right to take leave related to the individual’s disability?
Tag: Disabilities Act
While the Americans with Disabilities Act (ADA) requires a wide array of accommodations for workers with disabilities, there are a few things that generally are not required because they fail the law’s “reasonableness” test. Among those are a promotion and a new supervisor.
In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. In our last installment, we covered the ADA and what happens […]
Say that three times fast! We all know that flatulence is a part of our bodily functions, but most of us know when it’s appropriate to cut the cheese, and when it’s not. For one man, though, his frequent flatulence caused his termination. Was this disability discrimination or a load of hot air?
College is meant to be a time of exploration and learning, not a time for backstabbing, cheating, and bad behavior. Those are traits you’re supposed to leave behind … in middle school!
Being diagnosed with cancer can be a scary and stressful time in one’s life, but imagine being fired after you find out that you’ve been diagnosed with it!
At-will employment is something most U.S.-based employers are familiar with. But what does this term really mean? Can an employer actually terminate an employee without any reason at all? What are the exceptions?
Well-written job descriptions can be a key component to ADA compliance. This is because the essential functions of the job come into play when determining reasonable accommodations for disabled individuals. This connection highlights the importance of really thinking through the essential functions and keeping them updated for every position. Let’s take a look at some […]
Even when they are accurate to begin with (not always the case), it’s all too easy for job descriptions to get out of date, and that causes all sorts of problems, practical and legal, for employers. The most typical problems have to do with job specifications that are inaccurate. They either require something that isn’t […]
Writing job descriptions may seem to be an onerous task, but if done well, there can be many benefits for your organization. “Unfortunately, not all hiring managers and companies value a well-developed job description. So, it’s critical to understand the rewards – along with the mitigating risks as they apply to federal, state and local […]