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A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]
Until recently, Americans with Disabilities Act (ADA) regulations were quite broad in their definition of “service animal,” but that changed earlier this year. Now Maine, which had kept the definition loose in state law, also is tightening up on what constitutes a service animal. Employers must provide reasonable accommodations not only for employees with disabilities […]
Job creation is the economy’s number one problem, but it’s reasonable to predict that not one job will be created because an employee broke his or her leg. That won’t stop some workers from trying, though, as shown in this Americans With Disabilities Act (ADA) case In White v. Interstate Distributor, Co., a fired […]
Many employers have had more than their fair share of discrimination allegations. Continental Airlines was accused of race, color, national origin, religious, and disability discrimination in one lawsuit. Let’s take a look at how it did more than its fair share of trying to work with the employee before eventually terminating him. Losing Control Meet […]
Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]
by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]
The 2008 ADA Amendments Act (ADAAA), which went into effect on January 1, 2009, greatly expanded the number of medical conditions that likely will be recognized as disabilities under the law. More disabilities mean more accommodation requests and more opportunities for employers to be second-guessed by the government and the courts on how they respond […]
by Brian Burbrink According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people — about one in 12 adults — abuse alcohol. Based on the statistics, odds are good that one or more of your employees suffers from alcoholism and may need treatment. The case illustrations below provide insight into avoiding liability […]
In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]
It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to […]