Articles Posted in Disability

The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified individual can perform the job’s essential functions with or without a reasonable accommodation. Often, an individual with a disability will approach a supervisor or HR, identify their limitations, and ask for help. It’s a modest burden.

Then, it’s the employer’s job to continue a good faith, interactive process to determine whether a reasonable accommodation exists to help the employee without creating undue hardship on the business. When done right, it’s a win-win. But, when the employer impedes the process, it often results in a lawsuit. Continue reading

A recent Eighth Circuit decision helps show how an employer can discharge its obligations to engage in the Americans with Disabilities Act interactive process in good faith. Continue reading

I have another HR tip related to yesterday’s blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function. Continue reading

If you’re in Human Resources, you’ve probably dealt with this issue before. Continue reading

This has been an interesting start to the week at The Employer Handbook, from six-year-olds slinging racial epithets to expectorating employees.

But I’m here for it. And I’m glad that you are too. Continue reading

This situation comes up fairly often. An employee with a disability can’t perform their job, and needs leave to recover and return to work.

We know that indefinite leave is not a reasonable accommodation. But what about taking leave with only an “expected” return to work date? Is that too indefinite to be unreasonable? Continue reading