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The Employer Handbook BlogProving a disability in court isn’t that hard. (Even judges mistake how easy it is.)
A man walks into a job interview. Continue reading
Articles Posted in Disability
Must an employer grant a RETROACTIVE workplace accommodation if a disabled employee requests one??
No.
At least not unless they drive a DeLorean powered by 1.21 gigawatts of electricity that can travel back through time to convert their retroactive request to a prospective one. Continue reading
Here are a few pages to add to your ADA accommodation playbook from a recent federal appellate court decision
The Americans with Disabilities Act makes employers responsible for reasonably accommodating individuals with disabilities unless doing so will create undue hardship. However, accommodating employees with disabilities is not a perfect science.
Fortunately, a recent Eighth Circuit Court of Appeals decision provides employers with some helpful tips. Continue reading
A good-faith belief that an employee violated work rules may not be enough to defeat a discrimination claim
Earlier this month, a federal appellate court poked holes in what many considered an infallible employer defense to employee discrimination claims known as the “good-faith belief” doctrine. Continue reading
Here’s what not to do when an employee discloses her disability on her first day of work.
The U.S. Equal Employment Opportunity Commission recently sued an employer who told an employee to leave on her first day of work shortly after she requested reasonable accommodations for her visual impairments and later fired her the same day after the employee’s advocate offered to pay for accommodations.
Supreme Court to decide if former employees can invoke the ADA for post-employment benefits
Federal circuit courts are split over whether former employees may sue their employers under the ADA for discrimination in the provisions of post-employment benefits. Two say they can; four say they can’t. Yesterday, the Supreme Court agreed to resolve the matter. Continue reading
There’s no bright-line rule or magic words needed for employees to request workplace accommodations.
See what you think of this. Continue reading
An employer that refuses to accommodate an employee’s disability can still win an ADA lawsuit. Here’s how.
The Americans with Disabilities Act requires employers to make reasonable accommodations for a qualified individual with a disability unless doing so will impose an undue hardship on its business. A plaintiff who claims that their employer failed to accommodate them must initially establish that they could perform the position’s essential functions and that the employer refused to provide an accommodation.
Most courts have found that an employer’s good faith attempt to accommodate is insufficient. However, those courts will not impose liability unless the plaintiff establishes an alternative reasonable accommodation. Continue reading
Supervisors playing doctor — unless they’re doctors — is a bad idea
The U.S. Equal Employment Opportunity Commission recently issued two press releases: one announcing a disability discrimination lawsuit and another about a recent settlement of age and disability discrimination claims. Both involve supervisors who allegedly thought they knew more than medical professionals.
They were wrong. Continue reading
This guy didn’t need an accommodation to perform his job. He wanted one to avoid discipline.
Today, I will tell you about an employee caught sleeping on the job.
Several times. Continue reading