ADA

How to handle long COVID under ADA, FMLA

02/23/2023

A new study from New York’s largest workers’ comp carrier says long COVID contributes significantly to current labor shortages and harms productivity.

New: EEOC has guidance on hearing disabilities at work

01/31/2023

A new Q&A document from the EEOC offers advice on how employers can comply with the ADA by accommodating applicants and employees with hearing disabilities.

ADHD diagnoses skyrocket: Here’s how to accommodate

01/18/2023

We’re experiencing an explosion of attention-deficit/hyperactivity disorder, and the adult version may be far more prevalent than previously believed.

How to manage pregnancy-related accommodations

01/18/2023

With the recent passage of the Pregnant Workers Fairness Act, all pregnant women are now entitled to reasonable accommodations for pregnancy-related complications. A recent case decided before the PWFA became law offers tips on how to handle pregnancy-related accommodation requests.

EEOC settles its first COVID remote-work claim

01/04/2023

In the EEOC’s first COVID-related claim where remote work was deemed an accommodation under the ADA, an employee who became sick at work with a fever and uncontrollable cough claims she was fired for refusing to return to the office.

Autistic employee fired after 37 years: McDonald’s will pay $100,000 to settle

12/22/2022

Two months after a new franchisee took over a McDonald’s restaurant, management fired Anthony, an employee with autism, who had worked at McDonald’s for 37 years, earning excellent performance reviews and accolades.

Pregnant Workers Fairness Act passes House, shot down in Senate

12/21/2022

A bipartisan group of senators tried, in early December, to pass the Pregnant Workers Fairness Act. The act resembles the Americans with Disabilities Act in requiring employers of 15 or more employees to make reasonable accommodations to allow pregnant workers to continue working safely.

What is a reasonable accommodation in hiring? A new guide explains

12/15/2022

Requests for accommodations under the ADA can be daunting. A new paper, entitled “Employers’ Practical Guide: Reasonable Accommodation During the Hiring Process,” discusses the most frequent situations employers face when handling accommodation requests from applicants with disabilities.

Beware ad hoc accommodation approvals

12/13/2022

Every organization should have a well-delineated plan for approving reasonable accommodations. Don’t let direct supervisors make their accommodations casually. These ad hoc arrangements often become almost impossible to revoke later.

Ask these questions to determine what’s an essential function

12/07/2022

Whether employers must provide a reasonable accommodation depends on whether a proposed accommodation allows the disabled employee to perform the essential functions of their job. If no accommodation is possible, the employee isn’t qualified and, therefore, not protected under the ADA. You don’t have to hire or retain him.

ADA