Tag: Americans with Disabilities Act (ADA)

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists, adoring fans, and a slew of ex-girlfriends that he would never, ever tie the knot a second time. Apparently, George also had a change of […]

leadership

ADA interactive process: When does your obligation to engage begin?

by Susan Hartmus Hiser Q We have an employee whose work performance has been slipping lately. We have reason to believe that she is suffering from depression because she was diagnosed as bipolar and had a bout of depression a few years ago that led to a similar decline in her work performance. We allowed […]

Are coworkers out to get paranoid employee?

by J. Steven Massoni Mental impairments are some of the most challenging disabilities to accommodate. Read on to learn about how one company managed a difficult situation with an employee who suffers from a mental health disorder and how your company should respond in similar circumstances.  Imagine this Kenneth Tyler has worked for the company […]

Yes, Cher, you can ‘Turn Back Time’—you’ll just have to pay for it

By the way, if you haven’t heard, the Cubs won something called “the World Series.” Our long, national nightmare—arrogant Cubs fans—has now officially begun. Now, onto things that actually matter.  This past weekend, we rolled the clocks back. And though we got an extra hour of sleep (well, you may have—I have two children under […]

Lawsuit aims to stop EEOC’s new wellness rules

New rules governing incentives offered as part of employee wellness programs are now the target of a lawsuit from a large advocacy group representing older Americans.   AARP filed the suit against the Equal Employment Opportunity Commission (EEOC) in Federal District Court in Washington, D.C., on October 24, arguing that wellness programs can violate employees’ privacy […]

Identifying accommodations for employee who can’t use the stairs

by Michael J. Spooner Q What is considered a reasonable accommodation for an employee who can’t take the stairs during emergencies or because of maintenance issues with the elevator?  A While the Americans with Disabilities Act (ADA) doesn’t provide guidance regarding reasonable accommodations for an employee who is unable to use the stairs during an […]

New EEOC guidance should remind employers to guard against retaliation

No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites […]

Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

ADA defense: Disabled worker poses direct threat to health or safety

by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]

Employers may be required to accommodate unhygienic employees

by Deanna L. Forbush Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Many employers require employees to […]