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An employee who was reassigned to a new position after taking medical leave and then quickly laid off was not the victim of an “elaborate sham,” as he alleged, a federal appeals court has determined.
While the Americans with Disabilities Act (ADA) requires a wide array of accommodations for workers with disabilities, there are a few things that generally are not required because they fail the law’s “reasonableness” test. Among those are a promotion and a new supervisor.
Does an employer have to overlook past mistakes that were made because of an employee’s disability? The U.S. 10th Circuit Court of Appeals— which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently heard such claims.
Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee […]
Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires. Alcoholism and drug addiction present complicated issues under the […]
A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of […]
by Susan Hartmus Hiser Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed […]
by J. Steven Massoni Mental impairments are some of the most challenging disabilities to accommodate. Read on to learn about how one company managed a difficult situation with an employee who suffers from a mental health disorder and how your company should respond in similar circumstances. Imagine this Kenneth Tyler has worked for the company […]
by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]
by Besse H. McDonald The Colorado Civil Rights Division has released a suggested notice for employers to post related to the state’s new pregnancy accommodation law. Under the law, Colorado employers must post a notice of employee rights as well as provide written notice to new hires at the start of employment and existing employees […]