Tag: ADA accommodation

Increase diversity by recruiting, retaining people with disabilities

by Stephanie Holstein Having a diverse workforce includes hiring people with disabilities, which can create a positive and inclusive work environment, be good for the bottom line, and help bring down the high unemployment rates of people with disabilities. There are a number of best practices and helpful resources to make recruiting and retaining people […]

Dealing with hidden disability: Navigating protections for workers with addictions

Employers generally understand their obligations related to legal protections for people with disabilities. But not all disabilities are obvious, sometimes not even to those afflicted. Such may be the case when employees suffer from addiction to prescription drugs—a problem that’s been in the spotlight lately. And with good reason: The costs employers face related to […]

Service animal or pet? When Rover comes to work

by Erica E. Flores For decades, service animals were used almost exclusively to assist the blind and, in that role, were aptly known simply as guide dogs or seeing-eye dogs. But times have changed. Today, dogs and other service animals—including monkeys, parrots, and miniature horses—are being trained to provide a remarkable variety of services to […]

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Distracted worker may be entitled to ‘disability’ accommodation

by Robert P. Tinnin, Jr. Q One of our workers has been with the company for about three years. From the outset, he has been an outstanding performer. About four months ago, however, he went through a divorce, which appears to have had a major impact on him, and he seems distracted. Both the quantity […]

Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions. Q Why should employers review the EEOC’s mental health guidance?  A If they haven’t already dealt with the issue, many employers will be […]

Even under ADAAA, being ‘ill-tempered’ is not a disability

Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee […]

ADA and Batman—by Robin

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcoholism and drug addiction present complicated issues under the […]

EEOC provides guidance on mental health conditions in the workplace

by Howard Fetner The Equal Employment Opportunity Commission (EEOC) recently issued a resource document explaining the rights of job applicants and employees with mental health conditions. The document explains that applicants and employees with mental health issues are protected from discrimination and harassment based on their conditions, may be entitled to reasonable accommodations, and have […]

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of […]

leadership

ADA interactive process: When does your obligation to engage begin?

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 […]