Practical HR Tips, News & Advice. Updated Daily.
The Americans with Disabilities Act (ADA) forbids discrimination in employment based on disability and requires employers to provide reasonable accommodations to their employees’ disabilities. The ADA also prohibits retaliation against those who seek reasonable accommodations or protection under the Act. But does the ADA protect an employee without a disability who requests an accommodation? The […]
The U.S. 8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation.
The landscape of employee leaves continues to grow in scope, complexity, and unpredictability. The Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and other federal statutes have been joined by state, counties, and city leave laws. At the same time, more large employers look at paid leave as an important recruitment and […]
by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]
At a credit union in Indiana, employees reported that their CEO had recently become “disorganized, forgetful, and confused.” He seemed disoriented and lost, they said.
In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]
We recently looked at some issues that arise when the Americans with Disabilities Act (ADA) and leave laws overlap (see ADA Leave Issues: Attendance Bonuses, COBRA, and More). Today, we’ll address some common misconceptions about the law.
The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently affirmed a grant of summary judgment (dismissal without a trial) in favor of a city that fired an employee for refusing to undergo a medical examination as a condition of returning to work after medical leave. Facts
by Shane Todd Disability claims management is never easy. It is particularly difficult when employees refuse to provide enough medical information to substantiate their absence and entitlement to benefits, while also refusing to return to work. The decision in Betts v. IBM Canada Ltd., 2015 ONSC 5298, provides guidance to employers dealing with such cases. […]
Unfortunately, since employees can bring a suit for just about anything, no amount of training can guarantee eliminating employee lawsuits. However, if you implement effective management training, you can greatly mitigate the risk.