Tag: Americans with Disabilities Act (ADA)

Employer can insist that ‘doctor’s note’ come from a doctor

by Jennifer Suich Frank and Samuel D. Kerr Q One of our employees went to a holistic healer who isn’t a certified healthcare practitioner, and he advised her that she needs a week off work. He won’t write her a doctor’s excuse and will only speak to someone via telephone. Our attendance policy states that missing […]

Dealing with hidden disability: Navigating protections for workers with addictions

Employers generally understand their obligations related to legal protections for people with disabilities. But not all disabilities are obvious, sometimes not even to those afflicted. Such may be the case when employees suffer from addiction to prescription drugs—a problem that’s been in the spotlight lately. And with good reason: The costs employers face related to […]

Service animal or pet? When Rover comes to work

by Erica E. Flores For decades, service animals were used almost exclusively to assist the blind and, in that role, were aptly known simply as guide dogs or seeing-eye dogs. But times have changed. Today, dogs and other service animals—including monkeys, parrots, and miniature horses—are being trained to provide a remarkable variety of services to […]

procastination

Distracted worker may be entitled to ‘disability’ accommodation

by Robert P. Tinnin, Jr. Q One of our workers has been with the company for about three years. From the outset, he has been an outstanding performer. About four months ago, however, he went through a divorce, which appears to have had a major impact on him, and he seems distracted. Both the quantity […]

Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions. Q Why should employers review the EEOC’s mental health guidance?  A If they haven’t already dealt with the issue, many employers will be […]

Even under ADAAA, being ‘ill-tempered’ is not a disability

Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee […]

stress

Dealing with the unseen: Tips for traversing legal terrain of hidden disabilities

Work can be stressful for anyone, and employers are wise to ease the burdens when possible in the interest of maintaining productivity and the general well-being of the workforce. But disabilities can complicate the issue, especially when the disability isn’t obvious.  Human resources professionals may be well aware that the Americans with Disabilities Act (ADA), […]

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of […]

leadership

ADA interactive process: When does your obligation to engage begin?

by Susan Hartmus Hiser Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed […]

Are coworkers out to get paranoid employee?

by J. Steven Massoni Mental impairments are some of the most challenging disabilities to accommodate. Read on to learn about how one company managed a difficult situation with an employee who suffers from a mental health disorder and how your company should respond in similar circumstances.  Imagine this Kenneth Tyler has worked for the company […]