Even before Congress amended the ADA in 2009 to liberalize the statute’s definition of 'disability,' the law recognized and protected asymptomatic HIV as a disability.
The Americans with Disabilities Act does not require an employer to guess and play detective.
A transfer to a vacant position is a reasonable accommodation that an employer must consider when engaging a disabled employee in the interactive process.Read More
Even if coulrophobia is an ADA-protected disability, that's only half of the equation to determine whether the ADA offers job protections to an individual with a disability.Read More
ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it.Read More
Employers need to train management so that they know what to do with protected information once they learn it, and how to act without violating any of our EEO laws.Read More
Forty percent of households with children have mothers who are either the sole or primary source of income for the family. You can see why this issue is so critical to the American worker (and, consequently, the American employer).Read More
The Americans with Disabilities Act imposes on employers an absolute duty to determine whether or not they can accommodate an employee’s disability.Read More
A ruling for UPS would promote the unequal treatment of pregnant workers, which is anathema to the spirit of the Pregnancy Discrimination Act. No employer should be allowed to act as if it is exempt from the law.Read More