Tag: Disability Discrimination

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Disability bias verdict provides 4.5M reasons to check your policies

by Jeffrey D. Slanker A recent case from Central Florida highlights the importance of maintaining and properly implementing updated and compliant equal employment opportunity and antidiscrimination policies. The case involved disability discrimination claims, and a jury ultimately found in favor of the employee and rendered a $4.5 million verdict. The case is a reminder of […]

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Is Employee Totally Disabled or Not? U.S. Appeals Court Must Decide

By Kate McGovern Tornone, Editor A recent ruling by the 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has found that an employee who cannot explain discrepancies between her Americans with Disabilities Act (ADA) accommodation request and her Social Security Disability Insurance (SSDI) application cannot bring a disability discrimination claim against her employer.

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

ADA defense: Disabled worker poses direct threat to health or safety

by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]

Employers may be required to accommodate unhygienic employees

by Deanna L. Forbush Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Many employers require employees to […]

Understanding strengths, weaknesses of bipolar employees

Disabilities of all types pose challenges for employers and employees alike. As employers struggle to find ways to help employees with disabilities do their jobs, they also must fulfill obligations created by laws designed to prevent discrimination and violate privacy. Like other disabilities, bipolar disorder presents its own unique challenges—concerns that will be explored in […]

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 […]

EEOC calling for changes to ADA regulations related to wellness programs

The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking addressing how employer wellness programs can be in compliance with the Americans with Disabilities Act (ADA). The EEOC announced the proposed rule on April 16, and it was published in the Federal Register on April 20. Members of the public have until […]

Workaholics: Drug testing

The Comedy Central show Workaholics is currently in its fifth season of depicting a fresh (and hilarious) human resources nightmare week after week. The show is about three recent college dropouts (Blake, Adam, and Anders) who also happen to be roommates and coworkers at a fictional telemarketing company, TelAmeriCorp. To give you an idea of […]