Practical HR Tips, News & Advice. Updated Daily.
Most employers are well aware that disability discrimination is illegal. But, some may not realize that many mental health issues are also covered by the Americans with Disabilities Act (ADA). Just like any physical disability, mental health conditions are covered by the ADA, and employers cannot discriminate against qualified applicants or employees with such conditions. […]
Question: One of our employees went to a holistic healer, who they admit is not a certified practitioner, and he advised the employee that she needed a week off work. However, he will not write her a doctor’s note; he will only speak to someone via telephone. We have an attendance policy that requires a doctor’s […]
A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.
by Susan Hartmus Hiser Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed […]
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.
by Michael J. Modl Your employee tells you that she has a disability that has resulted in limitations on her ability to perform certain job duties. She asks for a reasonable accommodation and even has a couple suggestions. What is your obligation to meet with her to discuss her limitations and possible accommodations? What happens […]
by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]
by Martin J. Regimbal The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.
by Dinita L. James, Gonzalez Law, LLC It isn’t the best time for Sullivan Motor Co., a Mesa used-car dealership, to end up before the Arizona Civil Rights Division (ACRD) of the Arizona Attorney General’s (AG) Office on a charge that its treatment of a former salesman with terminal cancer violated the Arizona Civil Rights […]
Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).