Tag: ADA accommodation

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 […]

Top 10 tips for dealing with substance abuse in the workplace

by Michelle Lee Flores There is clear agreement that substance abuse—whether it’s alcohol, prescription drugs, or illegal drugs—adversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, […]

New mental disorders could lead to spike in ADA claims

by Lisa Berg What do forgetfulness, menstrual cramps, and social awkwardness have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA).  The DSM-5 is widely used by healthcare professionals to […]

Alcohol abuser creates dilemma for employer

by Caren W. Stanley Q We have an employee in a high-risk, safety-sensitive position who recently admitted to extreme alcohol abuse. We are now concerned that he, his colleagues, and our company are at risk because we can’t depend on his work. We’d like to discharge him, but we’re unsure of the legal risks.  A […]

Untouchable? Disciplining employees for disability-caused misconduct

by Nikki Hall and Eugene Park HR professionals regularly implement employee discipline and are adept at navigating the waters of reasonable accommodations for disabled employees. Mingling those two issues, however, can sometimes pull an employer in opposite directions when it’s responding to, for example, a chronically tardy employee suffering debilitating side effects from medication or […]

Satisfying your obligation to accommodate disabled employees

by Kara E. Shea Did you know the fastest rising category of claims filed with the Equal Employment Opportunity Commission (EEOC) is claims based on disability discrimination and/or failure to accommodate disabled employees? This isn’t surprising given that, under the expanded Americans with Disabilities Act (ADA), virtually any nonminor/nontransitory impairment may be considered a qualifying […]

You’re not a doctor, and you don’t play one on TV

by Jane Pfeifle An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of article author Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court’s […]

‘My meds made me do it’: medication side effects and the ADA

by Connor Beatty Sometimes an employee who isn’t making the grade may blame his lackluster performance on the side effects of certain medication he’s taking. Although managers may express some skepticism about that excuse, there are times when a cause-and-effect relationship might exist. That appears to have been the case for a Maine lawyer whose […]

DSM-5 offers new opportunities for disability accommodations

by Tobias S. Piering and Andrew Moriarty What do menstrual cramps, temper tantrums, and getting old have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)―a controversial but widely used authority on mental health diagnoses. New disorders Published by […]

AMA says obesity is a disease: What does this mean for you?

by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]