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A first-of-its-kind study published by the Center for Talent Innovation (CTI) finds that far more people than expected have a disability: 30% of college-educated employees working full-time in white-collar professions in the U.S.
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.
Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.
HR employees typically begin planning for next year before autumn of the current year because choices about the next year’s benefits are made months before it begins. Whether you’re making many or few changes to the benefits you offer, your preparations for open enrollment provide a good opportunity to confirm that your benefits plans are […]
The New Jersey Supreme Court recently permitted a disabled nurse to proceed to trial on her claim that the termination of her employment constituted disability discrimination. The court based its decision on a factual dispute over the physical requirements of the nurse’s job, her employer’s apparent failure to consider potential accommodations for her disability, and […]
Employers often struggle with the Americans Disabilities Act’s (ADA) requirement to provide leave as a reasonable accommodation for an employee with a disability. How much leave is required? Is it ever okay to terminate an employee who requests leave? In a recent decision, the 7th Circuit Court of Appeals provides some solid answers to employers […]
Although disability-based harassment/hostile work environment claims have been recognized by the courts for a while, they aren’t very common. The U.S. Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—recently rejected an employee’s claim of disability-based harassment under the Americans with Disabilities Act (ADA), finding her employer’s good-faith efforts to engage in […]
It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). It’s the expense of litigation. It’s the time employers must spend defending claims. It’s the bad publicity for the company. It’s the damage to employee […]
I am often asked about the types of jobs a person with a disability can do and my answer is always the same—“What do you have?” The reality is that the talent pool of people with disabilities remains underutilized, even though it includes job seekers with a wide and diverse range of education, degrees, professional certifications, work experience and skills.
Employees with qualifying disabilities may rely on a service and/or emotional support animal for a variety of reasons, and allowing them to do so at work may be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA), provided the task performed by the animal is needed in the workplace, it’s directly related to […]