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ADA

Don’t let preconceived notions of disabled employee’s capabilities affect reinstatement

11/14/2013
Some jobs are physically difficult to perform, especially for someone with a disability. But if a disabled employee’s doctors believe she can perform the essential functions, let her try. Otherwise, you face a potential disability discrimination lawsuit.

Does ‘he doesn’t play well with others’ rise to the level of an ADA disability?

11/11/2013

Some employees have a very difficult time getting along with others. That’s usually a personality issue. But sometimes, psychological problems may be at the heart of the trouble. As a result, the employee may claim she has an ADA-protected disability that must be reasonably accommodated. If employees ask to be able to avoid co-workers, that’s not reasonable.

EEOC: Longview Popeye’s violated ADA

10/31/2013
The EEOC is suing a Popeye’s Chicken and Biscuits franchisee, alleging it illegally refused to hire an HIV-positive man for a job at a Longview restaurant. In its complaint, the EEOC claims Famous Chicken of Shreveport violated the ADA when it refused to hire the well-qualified applicant because of his condition.

EEOC says Angel was vengeful

10/30/2013
Angel Medical Center in Franklin faces an EEOC lawsuit for allegedly terminating a nurse who asked for an accommodation that would allow her to keep her job while she received chemotherapy treatment.

Don’t block transfer as reasonable accommodation

10/29/2013
If they’re qualified, disabled employees may be entitled to transfer to an open position as an accommodation. Blocking a transfer may violate the ADA, unless you can show that the transfer would impose an undue hardship.

Using prison labor? You’re not an ’employer’ under ADA

10/29/2013
Absent limited circumstances, a private employer using prison labor probably isn’t required to provide reasonable accommodations under the ADA.

More time off after FMLA shows good faith

10/29/2013
Here’s a practice that can save you from a needless lawsuit: Employees who have used up their FMLA leave may be eligible for more unpaid time off as a reasonable accommodation under the ADA.

Don’t let response to domestic violence & sexual assault land you in court

10/10/2013
Most of the time, employers that learn that someone is experiencing some form of domestic violence try to do what they can to help the em­­ployee manage the situation. Some­­times, however, employers aren’t exactly supportive. The EEOC has taken the position that, on occasion, employer missteps in these situations may be a form of discrimination under federal law.

Bronx KFC turns away veteran with service dog

10/10/2013
A manager and an employee at a Bronx Kentucky Fried Chicken restaurant are being sued after they told a disabled Iraqi war veteran he had to leave because he had a dog with him. The vet tried to explain that his dog, named Valor, was a service animal.

ADA: Making accommodations doesn’t mean you accept that employee is disabled

10/10/2013
Consider this when deciding whether to offer a simple and cheap accommodation to an employee who claims he’s disabled: Offering help doesn’t mean you accept that he’s disabled. You can still challenge his status under the ADA if he sues.