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ADA

Ensure fair treatment after return to work

04/30/2018
The ADA and the Pennsylvania Human Rights Act protect disabled workers from harassment based on their disability. Make sure everyone, including co-workers and supervisors, understands they cannot punish a disabled employee for taking leave.

Document all efforts to find ADA accommodations

04/26/2018
If an employee tells you he has a new medical condition that qualifies as an ADA disability, document all discussions you have about possible accommodations.

Employee fired shortly after filing complaint? Brace yourself for a retaliation lawsuit

04/16/2018
An employee who complains about perceived discrimination may be wrong, but filing a complaint still counts as protected activity. If she files an EEOC complaint or a lawsuit, firing her shortly after she complains is just asking for a retaliation claim.

The easiest accommodation: Additional time off

04/09/2018
Consider offering additional medical leave as an accommodation—even if the worker isn’t eligible for any more.

Not all accommodations are possible to implement

04/09/2018
Employers, not disabled employees, get to pick the accommodation.

EEOC pursues service-related harassment

04/05/2018
The EEOC is putting employers on notice that it will vigorously enforce the rights of employees who serve in the National Guard or military reserves or who are veterans.

Bill would make it harder to file ADA accessibility lawsuits

04/03/2018
If enacted, H.R. 620 would require plaintiffs filing accessibility complaints under Title III of the ADA to first contact the business to provide them an opportunity to make repairs before any legal action is taken.

Snapshot: Disability discrimination charges, 2007 – 2017

04/03/2018
Annual EEOC disability discrimination charges, up 51% since 2007, reached a high of 28,073 in 2016.

Employee must show how chronic pain prevents work

03/22/2018
In order to win a disability discrimination case, a worker who claims she is disabled by pain has to show how that affects her ability to work. If the employee misses work but doesn’t explain why or that it’s related to her disability, she doesn’t have a case.

Telecommuting isn’t always a reasonable accommodation for disabled workers

03/22/2018
Some employees who need reasonable accommodations may insist on having the option to work from home. That may be a workable solution for some positions. However, it won’t be appropriate for other jobs that require direct supervision or the employee’s physical presence in the workplace.