A first-of-its-kind study published by the Center for Talent Innovation (CTI) finds that far more people than expected have a disability: 30% of college-educated employees working full-time in white-collar professions in the U.S.
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.
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.
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 […]
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 […]
Employees with qualifying disabilities may rely on a service and/or emotional support animal for a variety of reasons, and allowing them to do so at work may be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA), provided the task performed by the animal is needed in the workplace, it’s directly related to […]
I know this sounds like a contradiction, but a Dallas court recently said it wasn’t. So, a Texas employer can be cleared of firing an employee because of his disability—despite the Americans With Disabilities Act (ADA)—but still be liable for failing to provide a reasonable accommodation. The Dallas office of the Equal Employment Opportunity Commission […]
A recent decision from the Iowa Court of Appeals should cause Iowa employers to hit pause on routine decisions relating to workers’ compensation claimants. The decision, Vetter v. Iowa Department of Natural Resources, effectively dismantled the definition of “disability” for disability discrimination claims.
Determining what is a reasonable accommodation under the Americans with Disabilities Act (ADA) is meant to be an interactive process between the employer and the employee. However, after exerting significant amounts of energy in the process, one Illinois employer got a reaction it had hoped to avoid—a lawsuit.
In a recent case, the court of appeal agreed with a public university, which also happens to be one of California’s largest employer, that certain laws regulating the retirement status and rights of peace officers do not apply to the university under its own retirement plan—even after the university reversed its own practice of complying […]