We all know that the Americans with Disabilities Act makes its unlawful for an employer to discriminate against an individual on the basis of his or her disability. But, the Act has even broader protections for employees.
Posts Tagged ADA
Coordinating Wellness Requirements Under ADA and GINA Cloudy
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ADA Interactive Process: It Sounds Easy, So Why Is It Hard?
By Allen Smith 3/18/2015
Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola.
As an employer, what are your obligations? What workplace laws are implicated?
And, of course, because half of you are thinking it, can you just fire her?
Back in March, we chatted with employment attorney Christine Walters about Marijuana in the Workplace. This week we’ll be chatting about smoke of a different kind.
Online dialogue examines barriers to students and professionals.
Stereotypes, a lack of mentors and ignorance about the Americans with Disabilities Act (ADA) are among the challenges that people with disabilities face on the job, according to comments posted during an online dialogue hosted by a federal office and an advocacy group.
That's right folks. It's time for another edition of "Fact or Fiction" a/k/a "Quick Answers to Quick Questions" a/k/a QATQQ f/k/a "I don't feel like writing a long blog post."
Try this one for size, folks.
The reasonable-accommodation process can seem endless, requiring “patience and ongoing attention,” according to Peter Petesch, an attorney at Littler in Washington, D.C.
Let me tell you about a teacher in South Dakota. In 2010, she received a letter communicating concerns about her performance. Subsequent evaluations of the teacher's classes noted several deficiencies. So, the school placed the teacher on a performance improvement plan.
It was right around this time that the teacher met with a physician's assistant, who diagnosed the teacher with "anxiety and depression, likely stemming from her concerns about possibly getting fired."
Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised guidance on how the Americans with Disabilities Act applies to applicants and employees with cancer, diabetes, epilepsy, and intellectual disabilities.
Unquestionably, when it come to tackling the Americans with Disabilities Act, one of the biggest issues affecting the workplace and accommodating disabled employees is providing leave as a reasonable accommodation. Anecdotally, a question that plagues most employers is just how much leave is enough?
We know that an indefinite leave of absence is not a reasonable accommodation. But, what about when an employee takes one leave, after another, after another.
When is enough enough?
* * *
When an employee requires a period of leave because of a medical issue or disability, the situation is not always straightforward, and the best way to manage it is not always clear. Adding to the confusion is that employers face an ever-changing alphabet soup of federal and state laws and regulations, starting with the Family and Medical Leave Act (FMLA).
One summer while I was in high school, I worked as a counselor at an Easter Seals camp for disabled adults. Going to this camp genuinely changed my perspective on life! I entered the camp a bit freaked out honestly. Everyone around me was vastly different that me, and what I was “used to.” People in wheelchairs. People who couldn’t speak clearly. People who couldn’t feed themselves, or pretty much care for themselves on their own.
Building a strong employer brand is the first step in recruiting employees with a disability, Laura Wilhelm pointed out during the Feb. 13, 2013, webinar “Best Practices in Disability Recruiting.”
Think Beyond the Label.com (TBTL) hosted the hourlong webinar, moderated by Brazen Careerist, that showcased tips on how organizations can find highly skilled, college-educated professionals who have disabilities.
For the first time, the U.S. Equal Employment Opportunity Commission (EEOC) has released a table indicating the type of discriminatory action alleged by statute, and it is a treasure trove of information.
Unsurprisingly, discharge claims led the pack under the three main EEO laws—Title VII, the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).
I was reading this federal court opinion over the weekend. It involves a disability-discrimination claim brought by a deaf man who applied to become a lifeguard at a county pool, but didn't get the job because the county thought his disability would compromise swimmer safety. Plus, the town was not convinced that it could accommodate the deaf applicant because it couldn't be 100% certain that he could safely be on the lifeguard stand alone, without someone constantly by his side.
Folks, I'm guilty.