Tag: ADA accommodation

Human Resources lessons from NFL preseason football: employees returning to work after cancer treatment

For fans of Southeastern Conference football (and, I mean, who isn’t, right?), the name “Eric Berry” is one you don’t easily forget. Berry made his presence known as a defensive back for the Tennessee Volunteers from 2007-2009. Even though he played only three seasons in college, he was twice named a Defensive All American by […]

Interactions with Asperger’s: Discrimination, wrongful discharge claims go to trial

Soon after an employee provided his employer with information about his Asperger’s syndrome, it informed him that his contract wouldn’t be renewed because “Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.” Afterward, the employee brought claims of wrongful termination and discrimination under the […]

Activity trackers and wellness programs: high-tech help or privacy threat?

What if an employer interested in improving the health of its employees—and reducing its health insurance premiums—could slap a device on workers to show statistics on physical fitness? Not only could the people participating in an employer-sponsored wellness program track their own progress, the employer also could see just how hard participants in its program […]

How to respond to an employee who mentions suicide

by Kaitlin L. Hillenbrand Q One of our employees recently told the HR director that she “prays for death every night.” Is there anything we are legally required to do in response?  A A condition that causes an employee to become suicidal may be covered under the Americans with Disabilities Act (ADA). In that case, […]

Solid job descriptions can ease ADA worries

Good job descriptions are vital in keeping employers and employees on the same page, but they take on added importance when an employee with a disability needs help being productive. And for employers facing disability discrimination claims, job descriptions that clearly outline the essential and nonessential functions of the job can be crucial.  Although the […]

Store needn’t accommodate F-bomb in aisle 7

by Kelly Smith-Haley Most employers know they have to make reasonable accommodations for an otherwise qualified employee with a disability under the Americans with Disabilities Act (ADA). But you may not know that the task of determining what qualifies as a reasonable accommodation doesn’t fall solely on you. A recent court decision reminds employers and […]

Alcoholism, alcohol abuse, and the workplace―navigating legal risks

By Holly K. Jones Q We administer a voluntary leave program through which workers can donate paid leave to their colleagues to obtain necessary medical treatment. Recently an employee asked to use the program to seek substance abuse treatment for alcoholism. This isn’t the type of treatment we had in mind when we established the […]

California at epicenter of rise in disability access cases against small businesses

by Matthew A. Goodin In addition to allowing disabled employees to sue their employers for discriminating or refusing to provide reasonable accommodations, both federal and California law allow disabled persons to sue businesses and places of public accommodation for failing to comply with a myriad of accessibility requirements, such as having wheelchair ramps or the […]

Employee flatulence is no laughing matter

by Mark M. Schorr Q Have you ever dealt with an extreme case of employee flatulence disrupting the workplace and causing coworkers to get sick and vomit? We have a situation right now in which a disabled employee is on a mix of medications that causes extreme flatulence. There have been numerous employee complaints, and […]

Clarity amidst confusion: handling mental disability claims

by Allison B. Wannop One of the most difficult issues employers deal with is how to accommodate an employee with a mental impairment under the Americans with Disabilities Act (ADA). Mental impairments can include depression, anxiety disorders, and psychiatric disorders that affect employees’ attendance and performance. Employers may have a difficult time distinguishing mental impairments […]