What Constitutes “Undue Hardship”?
You’re not required to accommodate employees if doing so would create an “undue hardship.” But what does that mean, exactly?
Tag: accommodation
Accommodating Mental Illness
By Alix Herber and Hadiya Roderique In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented. In contrast, the accommodation of mental illness […]
Are Your Managers Begging Employees to Sue?
In yesterday’s Daily, we covered the first six of attorney Barbara Meister Cummins’ Top 10 ways managers beg employees to sue. Today, quotes seven through ten, plus we’ll introduce a unique guide for the tricky maze of California leave laws.
‘Unable to Socialize’ Doesn’t Necessarily Mean ‘Unable to Work’
by Jonathan C. Sterling If an employee whose job involves talking on the phone and using a computer states under oath that he is unable to perform those tasks because of a disability, it’s logical to assume he can’t do his job. However, as a recent federal appellate court decision demonstrates, that may not always […]
Tube Tops, Tattoos, and Piercings- Oh My!
Here comes summer: The worst time of the year for dress code violations. Today we’ll take a look at what you can and can’t do with dress code and appearance policies.
3 ADA Accommodation Scenarios
Accommodation for workers with disabilities. “Sometimes it can be overwhelming,” concedes the Job Accommodation Network (JAN). But a good job description is a “constructive tool” for focusing on reasonable accommodations. JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. JAN offers the following accommodation scenarios to show how to […]
Workplace Violence and the ADA
Imagine for a moment the employee who seems just a little off — having disproportionate negative reactions to criticism, having strange obsessions with weapons or death, being unusually hot-tempered, demanding, or controlling, or having other odd or erratic behaviors. Now imagine that despite the employee’s peculiarity, he’s an above-average worker and his job performance is […]
PIPs + Progressive Discipline = Caution Required
Performance Improvement Plans — or PIPs — have become a common part of progressive discipline programs. After an initial verbal counseling, many employers use formal PIPs to set specific goals for employee improvement, and to document employee progress or lack of progress in relation to future discipline.
You Must Be Diligent About Accommodating Disabilities—Every Single Day
A California court recently ruled that an employer’s failure to accommodate an employee’s disability on one single day, even though the employee had been appropriately accommodated for months before that, can still result in employer liability. The employer dropped the ball, the court said, by failing to notify all managers of the employee’s accommodation needs. […]
Telecommuting: Tips for Managing Employees Who Work From Home
by Brian Molinari The ripple effect of stunning job losses since the recession that began in December 2007 have become commonplace across the United States. And it continues: the global pharmaceutical giant Eli Lilly has just announced plans to cut 13.6% of its workforce, roughly 5,500 workers. During the 20 months from December 2007 through […]