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Disabilities

The FMLA, the ADA and No-Fault Attendance Policies

July 2, 2013
Employers have a lot to gain from no-fault attendance policies. In deciding whether to adopt or continue a no-fault attendance policy, however, employers must carefully balance those benefits against the risk of FMLA or ADA violations.
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Employee Medical Information and Social Media

June 24, 2013
Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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Patriots Cutting Diabetic Player Raises Serious ADA Issues

May 16, 2013
It is an understatement to characterize this termination—undertaken without any apparent consideration of whether the team could accommodate the diabetes—as high risk. It would not surprise me in the least if, given the high profile nature of this employment decision, the EEOC takes up Kyle Love's cause to further its mission of disability-rights awareness.
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EEOC Lands Its Largest Settlement Ever

May 6, 2013
I never thought I'd read about a case in which I could say to myself, “A $240 million jury verdict doesn't seem all that out of whack.” Then I read about the Equal Employment Opportunity Commission's recent $240 million jury verdict against Henry's Turkey Service. The agency alleged that the farm subjected its 32 mentally disabled workers to decades of abuse.
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Accommodating Disabled Job Applicants is No Game

March 20, 2013
If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make that determination, however, unless you consider them for the job first.
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What Do You Do If You Doubt an Employee's Disability?

March 12, 2013
I hope that I don't have to lecture any of my readers about what is wrong about denying accommodations and firing disabled employees. What rights do you have, however, if you doubt the legitimacy of an employee's claimed disability?
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