The reasonable-accommodation process can seem endless, requiring “patience and ongoing attention,” according to Peter Petesch, an attorney at Littler in Washington, D.C.
Posts Tagged ADA
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.
The last time I made a prediction was in 2009. I predicted the market would soar and I moved most of my bonds to stocks. Yes, I will be working until I am 102 years of age. So when it comes to my own personal finances, my predictions are not very good.
I hope they are a little better in terms of knowing what comes next in the employment world. So here are my predictions:
Employees with nonvisible disabilities often wonder whether to disclose their condition when applying for a job or working for an organization, because they fear negative repercussions will arise if they do so.
Yet people with disabilities are the largest and fastest growing minority group in the world, representing more than 750 million individuals, according to a recent webinar. In the U.S., there are more than 54 million people with disabilities. However, people with disabilities are employed at less than half the rate of their nondisabled counterparts.
Publicly owned, for-profit entities and companies that employ 25,000 employees or more are most likely to engage in effective practices for accommodating people with disabilities, according to a study by the Society for Human Resource Management (SHRM) in collaboration with the Cornell University ILR School Employment and Disability Institute.
However, a majority of employers from all sectors, industries and sizes engage in the following accommodation practices:
Employing People With Disabilities: Practices and Policies Related to Accessibility and Accommodation
Often, working remotely is the simplest accommodation for a host of impairments
The use of telework as a reasonable accommodation under the Americans with Disabilities Act (ADA) has increased in recent years, experts say.
It’s unclear, though, how much of the increase was spurred by 2008 amendments that brought many short-term disabilities and illnesses under the act’s jurisdiction and how much is attributable to the boom in businesses’ adoption of telework, they said.
While some employers fear the challenges of hiring employees with post-traumatic stress disorder, simple accommodations can improve the chance of success.
During his combat tour in Iraq, Richard Martin was nearly killed by a rocket that exploded 20 feet away. The guy in front of him wasn’t so lucky.
“The rocket hit the ground in front of me, and it blew off both of his legs,” Martin recalls.