Tag: Americans with Disabilities Act (ADA)

Top 10 tips for dealing with substance abuse in the workplace

by Michelle Lee Flores There is clear agreement that substance abuse—whether it’s alcohol, prescription drugs, or illegal drugs—adversely affects employers and their businesses. Some estimate the loss of productivity for U.S. employers has been as much as $200 billion annually! General concerns for safety at work, injuries on the job, theft, loss of employee morale, […]

Alcohol abuser creates dilemma for employer

by Caren W. Stanley Q We have an employee in a high-risk, safety-sensitive position who recently admitted to extreme alcohol abuse. We are now concerned that he, his colleagues, and our company are at risk because we can’t depend on his work. We’d like to discharge him, but we’re unsure of the legal risks.  A […]

Untouchable? Disciplining employees for disability-caused misconduct

by Nikki Hall and Eugene Park HR professionals regularly implement employee discipline and are adept at navigating the waters of reasonable accommodations for disabled employees. Mingling those two issues, however, can sometimes pull an employer in opposite directions when it’s responding to, for example, a chronically tardy employee suffering debilitating side effects from medication or […]

Satisfying your obligation to accommodate disabled employees

by Kara E. Shea Did you know the fastest rising category of claims filed with the Equal Employment Opportunity Commission (EEOC) is claims based on disability discrimination and/or failure to accommodate disabled employees? This isn’t surprising given that, under the expanded Americans with Disabilities Act (ADA), virtually any nonminor/nontransitory impairment may be considered a qualifying […]

You’re not a doctor, and you don’t play one on TV

by Jane Pfeifle An employer made an incorrect assumption about a disabled applicant. When a court disagreed with the assumption, the employer paid the applicant more than $50,000. Lynn, Jackson, Shultz & Lebrun, P.C., the firm of article author Jane Wipf Pfeifle, was involved in this case. All facts are taken solely from the court’s […]

‘My meds made me do it’: medication side effects and the ADA

by Connor Beatty Sometimes an employee who isn’t making the grade may blame his lackluster performance on the side effects of certain medication he’s taking. Although managers may express some skepticism about that excuse, there are times when a cause-and-effect relationship might exist. That appears to have been the case for a Maine lawyer whose […]

A new wave of litigation: obesity related disability discrimination

by Julia M. Hodges Obesity is a disease, according to the American Medical Association (AMA). The AMA’s recent declaration has a multitude of implications for employers, including the potential for increased disability-related litigation. Whether courts will decide to consider obesity a disability under the law remains to be seen, but employers everywhere should beware.  Obesity […]

Disability developments: the shape of things to come?

by Christopher J. Pyles Employers often face difficult challenges when they’re called on to determine if employees are “disabled,” especially when considering characteristics like height and weight.  It’s up to you Under the Americans with Disabilities Act (ADA), a person is considered “disabled” if he has a physical or mental impairment that substantially limits one […]

DSM-5 offers new opportunities for disability accommodations

by Tobias S. Piering and Andrew Moriarty What do menstrual cramps, temper tantrums, and getting old have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5)―a controversial but widely used authority on mental health diagnoses. New disorders Published by […]

Sorting out rights for specific disabilities under the ADA

Employers are accustomed to the basics regarding the Americans with Disabilities Act (ADA), but the details can get tricky especially since employers must navigate the changes brought on by the ADA Amendments Act (ADAAA), which made it easier for individuals with a range of impairments to qualify for protection under the law. Recently, the Equal […]