Tag: Reasonable Accommodation

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Addressing Employees’ Religious Beliefs and Practices in the Workplace

by Brian R. Garrison Most employers know that federal and state civil rights laws prevent them from discriminating against employees on the basis of their religious beliefs and practices. But when you hear the phrase “reasonable accommodation,” you usually think of your duty under the Americans with Disabilities Act (ADA) to accommodate an employee with a […]

Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]

Take Extra Care When Firing or Laying Off Disabled Employees

As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as […]

Some Things Stay the Same under the ADA Amendments Act

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]

EEOC Guidance on Disciplining an Employee with a Disability

Have you ever tried to discipline an employee for workplace misconduct only to hear for the first time that his disability caused the misconduct? Did you then wonder how you should proceed? If that has ever happened to you, then the Equal Employment Opportunity Commission’s (EEOC) recent guidance, “The Americans with Disabilities Act [ADA]: Applying […]

EEOC Offers Employers Guidance on Avoiding Religious Discrimination

by Tony Puckett Recently, the Equal Employment Opportunity Commission (EEOC) issued new guidance on religious discrimination under Title VII of the Civil Rights Act of 1964. It also issued two other sets of materials addressing religious discrimination: “Questions and Answers: Religious Discrimination in the Workplace” and “Best Practices for Eradicating Religious Discrimination in the Workplace.” […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

3 Tough Disciplinary Issues: Drug and Alcohol Use, Insubordination, Workplace Searches

by Stuart R. Buttrick Although the types of misconduct that employees can engage in is unlimited, some disciplinary issues occur over and over again. Among the most common — and difficult — issues for employers to handle are drug and alcohol use, insubordination, and workplace searches of company or employee property. This article will offer […]

Handling Holiday Religious Expression in the Workplace

(Updated August 2009) by Sarah Fuson With Thanksgiving less than a week away, thoughts turn to turkey and dressing, cranberry sauce, and pumpkin pie. But Thanksgiving represents more than stuffing ourselves silly and watching football all day. The first Thanksgiving was held in 1621 by the Pilgrims, a group of Puritans who fled England because […]