Tag: disability

How Pandemic, Political Shifts have Affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.

Timing Matters: Employee Fired During FMLA Leave for Months-Old Problems

Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]

10 Things That Keep HR Pros Awake at Night (COVID-19 Edition)

HR pros wear many hats. Since March 2020, they have been at the epicenter of the COVID-19 pandemic. In addition to their many other tasks, they have needed to coordinate furloughs and layoffs, stay up to date with the latest health guidance, understand and implement coronavirus-related federal and state laws and regulations, introduce COVID-19 screening […]

diversity and inclusion

Looking at the ‘10 Facets of Workplace Diversity and Inclusion’

When people think of “diversity and inclusion” (D&I), invariably their minds immediately go to racial and ethnic identity, with gender likely coming in a relatively close second. Indeed, both the presence and the inclusion of women and people of color represent key elements of any D&I strategy; however, the diversity of human beings spans far […]

Accommodating Hearing and Visually Impaired Employees During Remote Work

Some of the often-hidden experiences in many offices even before the COVID-19 pandemic triggered a widespread shift to remote work have been the experiences of hearing and visually impaired employees. With a broad shift to remote work, these employees are often finding it more difficult than before to perform their basic job duties. Accommodating the […]

ADA

So, Your Employee Wants to Keep Teleworking After Pandemic

Question: Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her team is a permanent remote employee.

pretext

Employee with Essential Tremor Can Proceed with ADA Case, Federal Court Rules

A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for Sleep Number, a mattress and sleep accessory store, as an at-will employee (that is, he could be fired at any time […]

ADA

Divided 10th Circuit Clarifies Elements of ADA Claim

Almost 2 years ago, a three-judge panel of the 10th U.S. Circuit Court of Appeals (which covers Kansas employers) had ruled employees can’t sue the employer for failing to provide a reasonable accommodation under the Americans with Disabilities Act (ADA) unless they can prove some additional adverse employment action. The full 10th Circuit recently revisited […]

disability insurance

Individual Disability Insurance Offers Support and Flexibility to Clients During Unpredictable Times

As a financial adviser or broker, you evaluate clients’ unique needs to provide them with appropriate solutions that protect them from the unexpected. In a world where “one size fits all” insurance plans are sometimes the norm, it can be a challenge to find the right mix of solutions to ensure your clients are fully […]