ADA

ADA: Document interactive accommodations discussions

09/27/2018

To avoid later claims that no accommodation was offered, it makes sense to put your reasonable accommodation offer in writing, and have the employee accept or reject the offer. That creates a clear paper trail showing your efforts and the results.

Diabetic drivers approved for commercial interstate runs

09/25/2018

A new rule finalized Sept. 19 for the first time allows truck drivers with diabetes to operate commercial vehicles on interstate routes as long as they can prove they carefully monitor and manage the disease.

Document all requests for disability-related leave

09/24/2018

Does your attendance policy penalize employees who rack up a certain number of absences? Make sure managers report any disability-related accommodation requests involving time off so you can exclude those absences from the count.

EEOC: NYC hotel provides poor accommodations

09/24/2018

The EEOC has filed suit against the Grand Hyatt New York, alleging the Manhattan hotel violated the ADA when it discontinued an apparently successful disability accommodation without demonstrating that it constituted an undue burden.

Disability is no excuse for poor performance

09/17/2018

Disabled workers are entitled to reasonable accommodations that allow them to perform the essential functions of their jobs. However, accommodations must be related to the disability. They can’t serve as an excuse not to perform essential job functions.

The ‘new’ ADA: How to handle employee disabilities

09/16/2018

When Congress expanded the Americans with Disabilities Act in 2009, it broadened the circle of people eligible for ADA rights even wider. That has led to a spike in people filing ADA-related legal claims. Here’s what managers need to know about the ADA:

Murphy Oil will funnel $100,000 to former manager

09/13/2018

A San Antonio-area Murphy Oil gas station will pay $100,000 to a manager it fired, settling charges it violated the ADA when it failed to accommodate his disability.

Expect disability-related lawsuit to be a long, drawn-out slog through court

09/13/2018

When it comes to disability discrimination cases, early dismissal is unlikely. That’s mainly because it takes testimony to sort out whether the employee who is suing has a severe enough ailment or condition to substantially affect major life activities.

New employee may be eligible for ‘ADA leave’

09/05/2018

Technically, there’s no such thing as “ADA leave” in the same sense that the FMLA specifically grants time off to deal with medical issues. However, some disabled employees may be entitled to leave as an ADA reasonable accommodation.

Document each stage of progressive discipline

09/04/2018

Employers that have a progressive discipline process, in which discharge can only happen after counseling and a series of warnings have occurred, have an advantage if a terminated employee sues them for discrimination.

ADA