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Several injured prison guards who lost their jobs after their doctors prohibited them from having direct contact with inmates were not discriminated against under the Americans with Disabilities Act, according to a new ruling by the federal appeals court that covers California. The King County Department of Adult Detention initially accommodated the guards’ injuries by […]
Employers have won a whopping 92% of disability discrimination cases that have gone to trial, according to a new American Bar Association study. Despite the impressive statistics, the Americans with Disabilities Act poses continuing risks for employers. The study did not take into account cases that settled before trial and the high cost of defending […]
HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]
When an employee who has been injured on the job wants to return to work, it can be beneficial to both you and the worker to consider a light-duty assignment. Light-duty positions can keep the employee productive and help reduce workers’ comp costs. But modifying job duties can also present logistical problems and create new […]
Mandatory arbitration of employment disputes continues to be controversial. One unresolved issue has been whether union contracts can require workers to arbitrate all employment disputes. The U.S. Supreme Court has now agreed to rule on this question.11 Although arbitration clauses for various workplace disputes have been used for years in union contracts, courts have disagreed […]
Figuring out your obligations when an employee asks for an accommodation under the Americans with Disabilities Act can sometimes be complex-and risky. There are no black-and-white rules describing exactly what you’re required to do, especially when the accommodation might involve modifying job duties or adjusting work schedules. But a new court ruling helps set some […]
Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]
Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]
Suppose you have an employee who is off work because of an injury. When the employee’s doctor gives them the green light to return without limitations, you may still be concerned that the person cannot do their job properly. So you ask the worker to first undergo a fitness-for-duty evaluation. If the employee refuses, […]
Suppose a doctor orders one of your workers not to lift anything over 25 pounds and, as a result, the employee can’t perform certain job duties. If the person demands an accommodation, must you provide one? At first glance, the Americans with Disabilities Act (ADA) might seem to apply to this situation. But a new […]