Tag: ADA

Opioid Crisis: Keeping the Workplace Drug-Free and ADA Compliant

The opioid epidemic is affecting workplaces across the country. Because opioids can be lawfully prescribed (but are increasingly abused), employers must tread carefully when taking adverse action against opioid users to avoid running afoul of the Americans with Disabilities Act (ADA). “Recovery-friendly” workplaces may provide an alternative solution to help combat the crisis, but that […]

Recruiting and Hiring Employees with Autism

Most employers and HR professionals are familiar with the basics of the Americans with Disabilities Act, which prohibits discrimination against individuals with disabilities in all areas of public life, including the workplace, and requires employers to make reasonable accommodations for disabled individuals.

Age Bias—It's Easy to Step into a Discrimination Claim

In an article for ProPublica by Peter Gosselin and Ariana Tobin, the authors use IBM as a case study for the dangers of organizations leaving themselves open to claims of age discrimination. IBM was one of the original “tech” companies—so original that it seems old school compared with names like Facebook, Amazon, and even Microsoft.

maternity

Is Telecommuting a Reasonable Accommodation?

The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from an in-house lawyer who sued her employer for refusing to provide the accommodation she requested as a result of pregnancy-related complications.

Mariah Carey Won’t Let Bipolar Diagnosis “Define” or “Control” Her

Mariah Carey, known as an iconic singer-songwriter and a dramatic diva, disclosed to People magazine last week that she has bipolar disorder.  Although she was first diagnosed in 2001, Carey says she finally sought treatment recently after “the hardest couple of years [she’s] been through.” (Among her recent personal and professional issues, you may recall […]

telecommuting

Is a Telecommuting Program Right for Your Business? Legal and Practical Considerations

It’s Monday morning, seven inches of snow have accumulated outside and the weatherman predicts another five to come.  Do you shut down your business operations or require your employees to report to work?  For many HR professionals, the above hypothetical has become a reality as the past several months brought snowstorms in the Midwest, nor’easters […]

pretext

Recent 7th Circuit Case Highlights Best Practices for Accommodating Disabilities

Reasonable accommodations under the Americans with Disabilities Act (ADA) can be a difficult area for employers to navigate. A recent case from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides a helpful example of how you should clearly spell out job requirements and qualifications so you can better respond to potential […]

mental health

7th Circuit: Psych Exam Following Bizarre Behavior was Reasonable

Under the Americans with Disabilities Act (ADA), employer-required medical exams must be “job-related and consistent with business necessity.” That test can be difficult to apply when you’re dealing with mental or psychiatric examinations. A recent decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—helps clarify when you may require such […]