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ADA

ADA: Document every step of the interactive accommodations process

11/28/2018
If you ultimately turn down a request to accommodate, the worker may sue. And that’s when you will need good records to prove you really did act in good faith by engaging in the interactive process.

Target missed connection with deaf applicant

11/28/2018
The EEOC has sued the Target retail chain for failing to accommodate a qualified deaf applicant.

Bosses aren’t docs: Don’t diagnose employees

11/28/2018
Generally, disabled workers have to request accommodations for their disabilities and aren’t entitled to any unless they do. But what if a supervisor suspects the employee may be disabled?

ADA: Bosses must address poor performance

11/27/2018
Sometimes, managers allow a poor performer to get by for a long time. Letting it slide seems easier than insisting on improvement or imposing discipline. But delaying action can trip you up later if the employee later claims a disability and demands reasonable accommodations.

Good job descriptions thwart ADA lawsuits

11/23/2018
The best way to avoid a trip to the courtroom to deal with an Americans with Disabilities Act accusation is to use a job description that concentrates on these components.

Disability accommodation may be impossible

11/21/2018
Under the ADA, employers must try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. But in fact, there may be times when no accommodation is possible.

Special oversight OK for disabled employees who telecommute

11/14/2018
It’s OK to set slightly different conditions for two kinds of telecommuters, such as requiring tighter monitoring for disabled workers.

While you must accommodate disabilities, you don’t have to tolerate chronic absenteeism

11/14/2018
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But at what point does absenteeism make it impossible for the worker to perform the job?

ADA: Permanent part-time work not reasonable

11/13/2018
Employers aren’t required to create new positions as reasonable accommodations for disabled workers, or farm out so much work to co-workers that the job becomes part-time.

Minor workplace changes aren’t enough to justify lawsuit alleging bias or retaliation

11/06/2018
Courts don’t want to micromanage your business. Make sure you can explain workplace changes in the context of legitimate business needs.