A recent Sixth Circuit decision underscores the importance of following the right process when requesting workplace accommodations. The court ruled in favor of the employer, finding that since the employee did not follow the company’s accommodations protocol, it had no legal obligation to provide one. What the Law Says Under…
A recent federal appellate court decision reminds employers of the need to communicate openly with employees about disability accommodations. In this case, an employee with a serious knee injury repeatedly asked for a reduced schedule, supported by a doctor’s note recommending shorter workdays, to manage pain and swelling. Even with…
In a recent decision, a federal appellate court made a strong case for employers to prioritize accommodating employees over questioning whether they qualify as disabled under the Americans with Disabilities Act (ADA). This case involved a physical therapist who experienced a miscarriage, which exacerbated her pre-existing PTSD, anxiety, and depression.…
The complexities of the interactive process in disability accommodation requests can trip up even the most experienced HR professionals, especially because no two situations are alike. However, there is an immutable rule: an employee’s voluntary withdrawal from the interactive process and failure to provide the requested medical documentation show a…
How many of you struggle to enforce attendance rules for employees with a disability or serious health condition on a modified work schedule? I’ve got some tips from a recent appellate court decision involving a Transportation Security Officer (TSO) with fibromyalgia. Initially, her supervisor allowed her to work a modified…
On Christmas Eve day, the U.S. Equal Employment Opportunity Commission (EEOC) announced it had filed a significant lawsuit alleging discrimination based on disability and sex during the hiring process. The case centers around an individual who suffers from endometriosis, a condition that causes severe menstrual cramps, nausea, and headaches, potentially…
Yesterday, the Equal Employment Opportunity Commission (EEOC) announced the release of a new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” This document is crucial for human resources professionals as it provides guidance on using wearable technologies in…
Back by popular demand. I see that Friday’s post threw some of you for a loop. Perhaps you were always told (or just assumed) that if your business has employees working from home in another state, then that state’s law would apply to some or all claims they may have…
In the evolving landscape of remote work, many employees believe they are shielded by the laws of the state they reside in. However, a recent decision from the United States District Court for the District of New Jersey — of all places !!! — reveals a harsh reality: working remotely…
It happens when an individual—a job applicant or current employee—is “regarded as having a disability” under the Americans with Disabilities Act. I’ll give you an example. Let’s say you hire someone online and sight unseen for a customer-facing position like a cashier or a salesperson at a department store. That…