Tag: ADA

Americans With Disabilities Act: Supreme Court Says Disabilities Must Substantially Limit Activities Of Central Importance To Daily Life; Practical Impact In California

By Jennifer Carsen Feb 1, 2002 HR Management & Compliance

Updated: May 18, 2015

In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]

Accommodating Disabilities: When You Don’t Have To Accommodate A Worker Whose Medical Condition Poses A Safety Threat

By Jennifer Carsen Feb 1, 2002 Uncategorized

Updated: Feb 1, 2002

Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]

Americans With Disabilities Act: Court Explains Which Personnel Get Counted In Determining Whether An Employer Is Covered By The ADA

By Jennifer Carsen Jan 1, 2002 Uncategorized

Updated: Jan 1, 2002

Deborah Wells was employed by Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and another 12 to 15 employees. When Wells was terminated, she sued Clackamas under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. 400+ […]

Accommodating Disabilities: Employer Hit With Punitive Damages For Firing Supervisor Who Accommodated Epileptic Employee

By Jennifer Carsen Aug 1, 2001 HR Management & Compliance

Updated: May 18, 2015

Kevin Terry, a customer service representative at a Time Warner Entertainment Company office in Fayetteville, Ark., suffered from nocturnal epileptic seizures. His supervisor, Jane Foster, accommodated his condition by allowing him to arrive after the usual starting time and stay later in the evening to make up the missed time. But when angry co-workers complained […]

Americans With Disabilities Act: Court Upholds $237,000 Verdict For Employee Who Was Forced To Resign; Why You Can’t Require Full Medical Releases

By Jennifer Carsen Jul 1, 2001 Uncategorized

Updated: Jul 1, 2001

State and federal courts have made it clear that when an employee is disabled but wants to work, you must go the extra mile to determine whether you can offer a reasonable accommodation. This point was driven home again recently when the Ninth Circuit Court of Appeals upheld a large verdict for an injured employee […]

Drugs And Alcohol: Court Upholds Termination Of Alcoholic Employee Who Missed Work While In Jail; How To Manage Workers With Substance-Abuse Problems

By Jennifer Carsen Jun 1, 2001 HR Management & Compliance

Updated: May 18, 2015

Karen Brown, a Lucky Stores Inc. supermarket checker, was arrested for drunk driving, possession of methamphetamines and being under the influence of illegal drugs. She missed two work shifts because she was in jail. The court then ordered her to enter a 90-day round-the-clock drug treatment program the next day, forcing her to miss a […]

Age Discrimination: Requiring EKG For Older Applicants Deemed Illegal Age Bias; Guidelines For Applicant Exams

By Jennifer Carsen Jun 1, 2001 HR Management & Compliance

Updated: May 18, 2015

Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]

ADA Accommodations: Supreme Court Says State Workers Can’t Sue Their Employers For Damages Under The ADA

By Jennifer Carsen Apr 1, 2001 HR Management & Compliance

Updated: May 18, 2015

Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]

Accommodating Disabled Employees: New Case Says Union Contract Doesn’t Have To Bend To ADA Accommodations; Tips On Avoiding Problems

By Jennifer Carsen Mar 1, 2001 Uncategorized

Updated: Mar 1, 2001

Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]

Hiring Temporary Workers: EEOC Says Both You And The Staffing Agency Are On The Hook For ADA Compliance

By Jennifer Carsen Mar 1, 2001 Uncategorized

Updated: Mar 1, 2001

Many employers don’t know they may have Americans with Disabilities Act obligations when they hire temps or other contingent workers through a staffing agency. New Equal Employment Opportunity Commission guidelines hold employers and staffing agencies—including temporary employment agencies, contract firms and employee leasing companies—jointly responsible for ADA compliance. Employment Offers And Disability-Related Questions The staffing […]