For an employee to present a valid ADA claim, the employee must actively participate in the reasonable-accommodation discussion and not just turn a deaf ear.
The Americans with Disabilities Act does not require an employer to guess and play detective.
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
Employers that can adapt to the shifting needs of their employees, will have a leg up on attracting and retaining talent.Read More
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.Read More
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.Read More
When the accommodation is so trivial (a $1.39 bag of chips), employers should strongly consider making the accommodation for an employee’s medical situation regardless of the scenario.Read More
Just because an employee cannot return to work at the end of FMLA leave does not mean you can always terminate the employee. ADA obligations still exist.Read More
As a court recently pointed out, regular attendance is important in any job. Important, however, does not always equate to essential.Read More
Disability discrimination cases no longer focus on whether an employee is legally disabled, but instead on whether an employer engaged the employee in the interactive process towards a reasonable accommodation.Read More