Tag: Americans with Disabilities Act (ADA)

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 […]

Managing an injured employee

by Al Vreeland Few things create more headaches in the HR suite than an employee who is injured on the job and then resists returning to work. HR’s headaches are usually centered at the intersection of state workers’ compensation laws, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA). A […]

Interactions with Asperger’s: Discrimination, wrongful discharge claims go to trial

Soon after an employee provided his employer with information about his Asperger’s syndrome, it informed him that his contract wouldn’t be renewed because “Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.” Afterward, the employee brought claims of wrongful termination and discrimination under the […]

How to respond to an employee who mentions suicide

by Kaitlin L. Hillenbrand Q One of our employees recently told the HR director that she “prays for death every night.” Is there anything we are legally required to do in response?  A A condition that causes an employee to become suicidal may be covered under the Americans with Disabilities Act (ADA). In that case, […]

Staying on solid legal ground when seeking brain diversity in the workforce

The benefits of diversity in the workplace are nearly universally touted. Human resources professionals are eager to assemble teams representing a variety of races, ethnicities, genders, and ages. But now another kind of diversity is gaining recruiters’ attention: brain diversity.  A December 2014 article on the Fortune website reports that companies are beginning to seek […]

Solid job descriptions can ease ADA worries

Good job descriptions are vital in keeping employers and employees on the same page, but they take on added importance when an employee with a disability needs help being productive. And for employers facing disability discrimination claims, job descriptions that clearly outline the essential and nonessential functions of the job can be crucial.  Although the […]

Avoiding reverse disability discrimination claims

by Andy Rodman Q As part of my company’s diversity efforts, I would like to reach out to some disability advocate groups to try to fill a few vacant positions. I’m afraid that by doing so, I may be opening up the company to reverse discrimination claims under the Americans with Disabilities Act (ADA). Are […]

Better with age: legal issues with the aging American workforce

by Allison B. Wannop It is undeniable that the American workforce is getting older or, shall we say, more mature. In The Aging U.S. Workforce, the Stanford Center on Longevity estimates that by 2020, workers 55 and older will make up a quarter of the U.S. labor force, up from 13% in 2000. As the […]