Practical HR Tips, News & Advice. Updated Daily.
Reasonable accommodations are an integral part of the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to any disabled employee or applicant—and the standard of what constitutes “reasonable” is quite broad. Essentially, an accommodation must be provided as long as one exists that does not constitute an undue hardship on the […]
A recent California decision serves as a reminder to employers that the landscape of disability discrimination is quite complex. When an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an honest mistake—will be borne by the employer.
As a group, cancer survivors (estimated to number 14.5 million in the United States in 2014) face greater economic burdens including medical expenditures and productivity losses. Survivors of cancer pay thousands of dollars in excess medical expenditures, and the extra costs vary by age and cancer site, according to a new American Cancer Society study.
By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
By Ryann E. Ricchio, JD A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, […]
While the provision of a personal assistant generally has not been considered a “reasonable” accommodation required by disability nondiscrimination laws, federal employers may soon have to make such accommodations for workers with disabilities. In a Notice of Proposed Rulemaking scheduled to be published in the Federal Register Feb. 24, the U.S. Equal Employment Opportunity Commission […]
by Cathleen S. Yonahara The California Court of Appeal recently addressed a case of wrongful termination after an employee was fired following a work-related injury. Was the case successful in its claim that the employer violated workers’ compensation policy as well as discriminated on the basis of disability? Read on to find out.
by Denise Trani-Morris Just as in any other job, California state employees can be incapacitated in this line of duty and can receive certain special disability retirement benefits. However, once deemed no longer incapacitated, the employee must be reinstated. This was reaffirmed by a recent appeals case.
By David M. Stevens, JD In a recent opinion, Maryland’s Court of Special Appeals reversed a trial court decision in favor of an employer that had terminated an employee who was unable to resume her duties following the expiration of her Family and Medical Leave Act (FMLA) leave.