Tag: Disability Discrimination

One Strike and You’re ‘Out’

Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs and runs a nursing facility in Cleveland, Ohio. It provides respite, short-term, long-term, and hospice […]

discrimination

Potential ADA Accommodations Abound, But a Few Declared ‘Unreasonable’

There’s no exhaustive list of potentially reasonable accommodations for employees with disabilities. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the individual’s limitations and essential job functions. Some accommodations, however, have been declared “unreasonable.” 3 Unreasonable ADA Accommodations 1. It isn’t reasonable to eliminate job’s essential functions. An […]

Reassigning Disabled Employee to Another Job May Violate ADA

If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under the Act, however, reassignment isn’t a preferred accommodation. As the U.S. 4th Circuit Court of Appeals emphasized in a recent case, you […]

EEOC

Flurry of Disability Discrimination Claims Warrants Attention

The Equal Employment Opportunity Commission (EEOC) recently announced that a Hawaii employer agreed to pay $90,000 to settle a disability discrimination charge. That was just one of 19 settlements and lawsuits involving disability discrimination claims publicized by the EEOC since August 1, 2018. The flurry of EEOC activity and the high volume of disability discrimination […]

ADA

EEOC, Employees Continue to See Success in Disability Cases

The Equal Employment Opportunity Commission (EEOC) has quietly maintained its focus on disability discrimination. Since July 1, 2018, the agency has filed 19 lawsuits alleging various violations of the Americans with Disabilities Act (ADA) and has collected more than $6 million in settlements.

Growing Importance Placed on Recruiting, Training, and Retaining Employees with Disabilities

Recruiting Daily Advisor has explained the importance of hiring workers with disabilities on multiple occasions (here, here, and here) and how this diverse group of workers can provide many benefits to your company. According to a new survey, there is even more importance being placed on hiring workers with disabilities. Let’s take a look.

EEOC alleges medical exams and questionnaires violate ADA, GINA

by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a medical […]

Training Could Have Helped These Companies Avoid Litigation

Yesterday’s Advisor highlighted a few legal cases that serve as reminders that antidiscrimination and antiharassment training is essential for employers that want to avoid becoming a defendant. Today, we present a few more costly examples of cases that proper training could have averted.