Practical HR Tips, News & Advice. Updated Daily.
In a decision that could test the limits of the Americans with Disabilities Act, a federal court in Utah has ruled a worker’s sensitivity to strong fragrances may qualify as a disability. Glenda Davis had worked for a state tax agency for four years when she developed a sensitivity to fragrances that resulted in headaches, […]
If a job applicant has a liver disorder that might be worsened by exposure to chemicals at work, or a back problem that would be aggravated by heavy lifting, you might wonder whether you can refuse to hire the person so you won’t be on the hook for future workers’ comp benefits. Now, in a […]
When Wal-Mart settled a disability discrimination lawsuit brought by two deaf job applicants, it didn’t just pay them lost wages and other damages. The retailer also promised to take specific steps to make it easier for hearing-impaired and other disabled workers to apply for and keep jobs. These measures provide a glimpse of what the […]
How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]
If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]
What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]
Can workers who swear to be totally disabled on an application for Social Security benefits turn around and sue you under the Americans With Disabilities Act (ADA), contending they’re qualified to work despite their disability claim? Two recent court decisions – one from the United States Supreme Court and the other involving a Northern California […]
A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]
An employee who claimed she was fired because her newborn daughter had a disability has been given the green light to sue her employer under the Americans with Disabilities Act. Karen Abdel-Khalek, who worked for Tenenbaum and Associates, Inc., gave birth to a baby with serious health problem. Several months later, while Abdel-Khalek was on […]
The federal Equal Employment Opportunity Commission has released comprehensive guidelines designed to help its investigators analyze complaints-and help employers comply with their accommodation obligations-under the Americans with Disabilities Act. The new enforcement guide attempts to answer frequently asked employer questions on a range of topics-from how to handle medical verification of a disability to when […]