Tag: ADA

“Drive-By Lawsuits” Against Business an Unfortunate By-Product of ADA, Says Disability Group Leader

The best defense against Americans with Disabilities Act lawsuits, whatever their motivation: Comply with the letter … and the spirit … of the law. Andrew Imparato doesn’t want you to get sued for failure to comply with the Americans with Disabilities Act (ADA). That’s rather ironic since, as president of the American Association of People […]

ADA: EEOC Sues Denny’s, United Airlines for Disability Violations

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) filed two separate lawsuits charging Denny’s Inc. and United Airlines with violations of the Americans with Disabilities Act. In one case, the EEOC alleged that Denny’s, which operates over 500 restaurants in 30 states, violated the rights of disabled workers by maintaining a maximum medical leave […]

The Americans with Disabilities Act (ADA): Achieving Safe Passage Through the ‘Minefield’

How do you make the Americans with Disabilities Act clear? Have a former DOL insider reduce its complexity to universal understandings. When Congress passed the Americans with Disabilities Act (ADA), there likely was little thought that anyone would call the law a “minefield.” Yet that’s just how ABC News reporter John Stossel described ADA in […]

Under the Americans With Disabilities Act (ADA), "reasonable accommodation" depends on the job, not just the employee

Employment law attorneys note that ADA will not force you to make “reasonable accommodations” to the point that they hamper job performance When the Americans With Disabilities Act (ADA) was passed in 1990, some employers went into a tailspin. ADA mandated “reasonable accommodations” for the disabled. That invoked the specter of all manner of expensive […]

The Americans With Disabilities Act (ADA) and alcohol and drug testing in the workplace: When to do it… when you have to stop

While some employers may regard alcohol and drug addiction as self-control issues, the Americans With Disabilities Act emphatically does not. Both addictions are qualified disabilities under ADA. Those who suffer from them are consequently protected against discriminatory behavior by employers. The Americans With Disabilities Act, requires that you offer equal employment opportunity to rehabilitated alcoholics […]

Depression: Can We Fire a Depressed Employee Who’s Not Up to Par?

We have an employee who just got divorced, and lately he’s been coming to work late and cutting out early. His work is suffering, too—he’s making lots of careless mistakes and has been short with our customers, not to mention picking fights with his co-workers. While he used to be a better employee than he […]

Tool of the Week: Leave Laws Guide

Handling employee requests for time off due to illness or injury can be one of the most difficult–and frustrating–parts of an employer’s job. That’s because a complicated array of state andfederal laws governing family leave, workers’ compensation, and disability discrimination may come into play–each involving different rules, definitions, and obligations. And complying with one law won’t […]

Disability Discrimination: Long-Running Case Involving Refusal to Rehire Recovering Addict Demonstrates How Questionable Decision Continues to Haunt Company

Nearly two years ago, we began reporting on a lawsuit involving Hughes Missile Systems’ decision not to rehire an employee terminated for reporting to work under the influence. The question of whether the decision violated the Americans with Disabilities Act (ADA) went to the U.S. Supreme Court, which sent the case back to the Ninth […]

Disabled Workers: New Ruling Highlights Key Differences Between ADA And California Law

Although the disability provisions of the California Fair Employment and Housing Act (FEHA) were modeled after the Americans with Disabilities Act (ADA), the two laws have some key differences—and the California rules provide greater protection for disabled employees. We’ll tell you about a new ruling from a federal court in San Francisco that focuses on […]