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Disabilities

Cop Caught Sleeping on the Job Awarded $1M in ADA Lawsuit

October 21, 2014
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Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.
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Internet Use and Addiction as a Disability

October 20, 2014
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The more the Internet becomes entrenched in our lives, the greater the likelihood that employees will begin embracing ideas such as Internet addiction as a disability and the need for employers to consider and provide reasonable accommodations.
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Do Personality Tests Pass the ADA-Compliance Test?

October 14, 2014
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If you are considering using personality tests to screen applicants or current employees, tread carefully and not without the input of your employment counsel.
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Don’t Fire Employees After a Cancer Diagnosis

October 7, 2014
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The ADA protects cancer as a disability. Any employer that fires an employee after a cancer diagnosis is going to have big problems.
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The Wrong Way to Engage in the ADA Interactive Process

September 29, 2014
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Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.
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Don't Try to Regulate Employee Off-Duty Alcohol Consumption

September 23, 2014
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Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.
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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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Protected Activity Doesn’t Protect Against Poor Performance

September 9, 2014
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Protected activity does not per se protect a poor performer from termination, provided that you can demonstrate a history of treating similarly situated poor performers similarly.
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The ADA and Employer Inquiries About Prescription Drugs

August 28, 2014
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Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.
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The Difference Between Alcoholism and Drunk Under the ADA

August 25, 2014
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The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.
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