Tag: Americans with Disabilities Act (ADA)

New EEOC guidance should remind employers to guard against retaliation

No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites […]

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

ADA defense: Disabled worker poses direct threat to health or safety

by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]

Employers may be required to accommodate unhygienic employees

by Deanna L. Forbush Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Many employers require employees to […]

Understanding strengths, weaknesses of bipolar employees

Disabilities of all types pose challenges for employers and employees alike. As employers struggle to find ways to help employees with disabilities do their jobs, they also must fulfill obligations created by laws designed to prevent discrimination and violate privacy. Like other disabilities, bipolar disorder presents its own unique challenges—concerns that will be explored in […]

EEOC issues new guidance on leave of absence and ADA accommodations

by Paige Hoster Good On May 9, 2016, the Equal Employment Opportunity Commission (EEOC) issued a new guidance document addressing the intersection of employer-provided leave of absence and the Americans with Disabilities Act (ADA). This document doesn’t create any new EEOC agency policy or propose any new law. Rather, it consolidates current guidance on the […]

EEOC aids national strategy to protect workers with HIV/AIDS

by Natalie B. Virden In 2010, the White House issued a National HIV/AIDS Strategy for the United States (NHAS). One step identified in the NHAS is to reduce stigma and discrimination against people living with HIV/AIDS. The Equal Employment Opportunity Commission (EEOC) has been utilizing its enforcement and litigation functions in recent years in an […]

How far will DOJ extend ADA’s Title II and Title III requirements?

by Monna Lea Bryant, Robert Sniffen, and Jeff Slanker Retailers and businesses may soon need to begin preparing for a new public accommodations issue related to an altogether different kind of access barrier: websites. The U.S. Department of Justice (DOJ) is developing a plan to amend Titles II and III of the Americans with Disabilities […]

What HR can do to prevent workplace violence

by Jonathan R. Mook News reports of yet another workplace shooting have become all too frequent in our media-saturated world. The seemingly constant reports of shootings makes clear to all employers the inconvenient truth that no workplace is totally immune from the possibility that a violent incident will occur. Indeed, according to the federal Occupational […]

An EEOC update: Where are we now?

by Christopher J. Pyles The Equal Employment Opportunity Commission (EEOC) has been celebrating its own birthday this year, marking its 50th anniversary. In August, the EEOC published “American Experiences Versus American Expectations,” a report documenting changes in employee demographics since 1965 and using data through 2013 as an update to a 1977 report titled “Black […]