Tag: disability

News Notes: High Court To Decide Whether HIV Is A Disability

The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]

Mental Disabilities And The ADA: Is Employee Who Abandons Job Entitled To A Second Chance?

One of your employees fails to return to work following a leave. Despite repeated attempts to contact her, you hear nothing and receive no explanation for her continued absence. Finally, you terminate her. But then she turns around and sues you for violating the Americans with Disabilities Act, claiming she was having a manic depressive […]

Hiring And The ADA: Going The Extra Mile To Find An Opening For Disabled Applicants—How Far Should You Go

Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]

ADA Reasonable Accommodations: Recent Cases Examine How Far You Must Go

Most employers know that state and federal anti-discrimination laws require you to offer reasonable accommodations to disabled workers to allow them to perform their jobs. But applying this seemingly straightforward rule to real-life situations is often trickier than it sounds. In several recent cases, employers have found themselves on the wrong end of expensive lawsuits […]

Cutting Workers’ Compensation Expenses: Return-To-Work Program Ends Up Costing Employer $10.6 Million; Do’s and Don’ts For Avoiding Trouble

When employees are off work because of a job injury, it can be to everyone’s benefit to get them back to work quickly. Returning employees to work with an adjusted schedule or a light-duty assignment can save employers money by reducing workers’ comp costs. Employees can earn more money and feel more productive and less […]

Disability Discrimination: Do You Have To Accommodate Workers With Weight-Lifting Limits?

Suppose a doctor orders one of your workers not to lift anything over 25 pounds and, as a result, the employee can’t perform certain job duties. If the person demands an accommodation, must you provide one? At first glance, the Americans with Disabilities Act (ADA) might seem to apply to this situation. But a new […]

Personal Liability Of Supervisors: New Decision Increases Your Risks

Many managers are justifiably concerned about the possibility of being on the hook personally for damages when an employee sues for discrimination or harassment. In recent years, several courts have said that managers can be held responsible if they sexually harass someone, but not for acts of race, sex or disability bias.