Tag: disability

ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.

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 […]

12 Ways to Increase Gender Equality

In 1873, the Supreme Court ruled that women couldn’t be lawyers, notes attorney Jonathan Segal. Gender equality has improved, but still, women are CEOs of only 4.5 percent of the Fortune 1000. In virtually every profession, women are underrepresented in top management, Segal adds.

Determining FMLA Eligibility for Leave to Care for an Adult Child

An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.

Hire Someone, Anyone, Fast

Yesterday’s Advisor began to explore the dangers of rushing a hire. Today we’ll hear more on that topic.

Determining FMLA Eligibility: Caring for Adult Children

This article series highlights the requirements for determining Family and Medical Leave Act (FMLA) eligibility. The last installment focused on what employers need to do to stay complaint. Another twist in the FMLA family care determination occurs when an employee requests leave to care for an adult child.

A Case of Mistaken Disability Costs California Employer

By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]

Ask the Expert: Can We Force Sick Employee to Take Unpaid Leave?

Our non-exempt employee has no sick or vacation days left and has accrued absentee attendance points close to termination. Because of this, the same employee is coming into work while sick. We don’t want the health of other employees to be at risk because of his/her presence. Can an employer force a sick employee to […]