Tag: Americans with Disabilities Act (ADA)

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 […]

Store needn’t accommodate F-bomb in aisle 7

by Kelly Smith-Haley Most employers know they have to make reasonable accommodations for an otherwise qualified employee with a disability under the Americans with Disabilities Act (ADA). But you may not know that the task of determining what qualifies as a reasonable accommodation doesn’t fall solely on you. A recent court decision reminds employers and […]

Alcoholism, alcohol abuse, and the workplace―navigating legal risks

By Holly K. Jones Q We administer a voluntary leave program through which workers can donate paid leave to their colleagues to obtain necessary medical treatment. Recently an employee asked to use the program to seek substance abuse treatment for alcoholism. This isn’t the type of treatment we had in mind when we established the […]

Return-to-work woes: EEOC challenges medical release requests under ADA, GINA

by Geoffrey D. Rieder In a lawsuit filed in September, the Equal Employment Opportunity Commission (EEOC) alleges that a Minnesota-based power company violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by requiring an employee returning from medical leave to execute overbroad medical release forms for a fitness-for-duty medical examination. […]