Tag: accommodation

News Notes: New EEOC Fact Sheets Address Workplace Backlash Against Muslims And Arabs

Responding to a surge of discrimination complaints from employees of Middle-Eastern descent following the events of Sept. 11, the U.S. Equal Employment Opportunity Commission has released two new fact sheets to answer questions about the employment of Muslims, Arabs, South Asians and Sikhs. One fact sheet is geared toward employers, the other for employees. The […]

Disabled Workers: Employee Can Sue For Workplace Injuries Caused By Employer’s Failure To Accommodate

Typically, workers’ compensation is the only remedy for an employee who is injured on-the-job. But a California Court of Appeal now says that if the injury stems from your not reasonably accommodating an employee’s disability, the employee can bypass workers’ comp and sue you for damages. Disabled Employee Injured At Work Marilyn Bagatti was an […]

Reasonable Accommodations: Deaf Employee Who Was Turned Down For Driver Job Can Sue; Defenses To Accommodation Claims

Under federal Department of Transportation rules, professional drivers who operate vehicles weighing more than 10,000 pounds must be DOT certified. United Parcel Service had a policy of only hiring individuals for driving positions who had this certification. Based on this rule, UPS turned down an employee who couldn’t meet DOT standards because she was deaf. […]

Accommodating Disabilities: When You Don’t Have To Accommodate A Worker Whose Medical Condition Poses A Safety Threat

Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]

Parental Rights In The Workplace: You Now Must Provide Accommodations For Nursing Mothers

All employers, including state and local government agencies, will have to accommodate nursing mothers’ needs at work under a new law Gov. Davis has signed. A.B. 1025 takes effect Jan. 1, 2002. Meeting Breastfeeding Workers’ Needs Under this new measure, you must provide a reasonable amount of break time to accommodate an employee who desires […]

Reasonable Accommodation: New Ruling Expands Time Limits For Disabled Employees To Sue; Practical Impact

Under California anti-discrimination law, a disabled employee typically has only one year from the date of a firing, demotion or other wrongful employment action to file a lawsuit. But now the California Supreme Court has ruled that disabled workers may be able to sue for discrimination incidents that occurred many years earlier. We’ll tell you […]

Pregnancy Discrimination: Huge Verdict For Teacher Who Wasn’t Rehired After Principal Said She Wouldn’t Want To Work; How To Manage Pregnant Workers To Avoid Lawsuits

Nina Hagan was hired under a one-year teaching contract at St. Martin of Tours, a Catholic elementary school in Los Angeles. She received a glowing performance evaluation her first semester. But, she claimed, after the principal discovered she was pregnant, her work situation deteriorated and she wasn’t rehired for the next school year. Now a […]

Accommodating Disabilities: Employer Hit With Punitive Damages For Firing Supervisor Who Accommodated Epileptic Employee

Kevin Terry, a customer service representative at a Time Warner Entertainment Company office in Fayetteville, Ark., suffered from nocturnal epileptic seizures. His supervisor, Jane Foster, accommodated his condition by allowing him to arrive after the usual starting time and stay later in the evening to make up the missed time. But when angry co-workers complained […]

Managing The Workplace: What To Do When Employee Religious Beliefs And Free Speech Clash With Diversity Efforts

Many employers try to combat workplace bias with diversity programs that emphasize company commitment to respecting differences, such as sexual orientation. But suppose an employee refuses to participate in a diversity training program, citing religious or political beliefs. Can you discipline the worker? In a recent case, an employer faced just this situation. We’ll provide […]