Tag: Americans with Disabilities Act (ADA)

Is COVID-19 a Disability Under the ADA? It Depends

The Equal Employment Opportunity Commission (EEOC) recently released guidance regarding whether COVID-19 is a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employer cannot take an adverse employment action against an individual because of a disability, which is a physical or mental impairment that substantially limits a major life activity. The […]

ADA Doesn’t Protect Train Engineer From Turning Over Medical Records

The Americans with Disabilities Act (ADA) limits an employer’s right to require a current employee to provide information about his medical conditions. Only in situations where the need to obtain such health information is necessary to determine whether the employee can perform the job functions and do so in a safe manner is the medical […]

EEOC Announces Settlement with Winston-Salem Company

When an employer is sued for discrimination and decides to settle the case, the details are confidential. When the Equal Employment Opportunity Commission (EEOC) sues an employer, however, the settlement is very public and includes a press release giving details about the resolution. Recently, the EEOC announced a settlement with a Winston-Salem company in a […]

Reassigning Disabled Employee to Another Job May Violate ADA

If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under the Act, however, reassignment isn’t a preferred accommodation. As the U.S. 4th Circuit Court of Appeals emphasized in a recent case, you […]

ADA

MN Employer’s Attendance Policy Outweighs Former Employee’s ADA, FMLA Claims

Regular attendance at the worksite can be an essential job function, the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently reminded employers, upholding the termination of an employee who had violated the employer’s attendance policy. As a result, the former employee can no longer pursue her Americans with Disabilities […]

Alcoholism and the ADA

Have you ever wondered if alcoholism may be covered as a disability? If you have, you’re not alone. This topic can be perplexing for anyone learning about Americans with Disabilities Act (ADA) specifics, especially with how they pertain to current or previous drug or alcohol use.

Reasonable Accommodations for Mental Illnesses

Most HR teams are aware of their responsibilities under the Americans with Disabilities Act (ADA) and Americans with Disabilities Amendments Act (ADAA). They understand that they’re required to utilize an interactive process when configuring reasonable accommodations for anyone who qualifies and that many conditions, including mental health conditions, easily qualify.