Tag: accommodation

telecommuting

Is a Telecommuting Program Right for Your Business? Legal and Practical Considerations

It’s Monday morning, seven inches of snow have accumulated outside and the weatherman predicts another five to come.  Do you shut down your business operations or require your employees to report to work?  For many HR professionals, the above hypothetical has become a reality as the past several months brought snowstorms in the Midwest, nor’easters […]

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EEOC

EEOC Ends Fiscal Year with a Flurry of Suits

The Equal Employment Opportunity Commission (EEOC) operates under a fiscal year (FY) that runs from October 1 to September 30. An FY-end tradition for the agency is to file as many lawsuits as possible on or before September 30 so that they will count toward the statistical measures for the closing FY.

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back injury

7th Circuit: The ADA is Not the New FMLA

In a recent decision, the U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana, and Wisconsin—ruled that granting an employee additional leave beyond what he’s entitled to under the Family and Medical Leave Act (FMLA) is not a “reasonable accommodation” under the Americans with Disabilities Act (ADA).

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recruiting

Pregnancy Accommodation: A Q&A with Susan Fentin

The EEOC just settled a case against a convenience store chain operator with stores in Texas and New Mexico for a whopping $950,000. The EEOC claimed the company had discriminated against pregnant workers by subjecting them to different working conditions—and also told the workers they would not have been hired had the company known about […]

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Pastafarian

Rastafarian, Pastafarian: No Matter What You Call It, It Could Be Religious Discrimination

Recently the southern grocery chain, Publix, came under fire for withdrawing a job offer after the worker refused to cut off his dreadlocks. The worker cited his Rastafarian religion as the reason why he refused to cut his hair. This isn’t the first—and most certainly won’t be the last—time employers are met with nontraditional forms […]

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ADA

7th Circuit Reins in Medical Leave as ADA Accommodation

Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability.  How much leave is required?  Is it ever okay to terminate an employee who requests leave?  In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]

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telecommuting

5th Circuit Assures Employer That Some Good Deeds Do Go Unpunished

Although disability-based harassment/hostile work environment claims have been recognized by the courts for a while, they aren’t very common. The U.S. Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently rejected an employee’s claim of disability-based harassment under the Americans with Disabilities Act (ADA), finding her employer’s good-faith efforts to engage in […]

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ADA

Disability Discrimination in the Workplace Costs Employers

It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). It’s the expense of litigation. It’s the time employers must spend defending claims. It’s the bad publicity for the company. It’s the damage to employee […]

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service snake

Service Animals Gone Wild: Bring Your Boa Constrictor to Work Day

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 […]

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