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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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Cop Loses Big ADA Verdict on a Finding of No Disability

August 21, 2014
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Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.
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The Untapped Talent Pool of People With Disabilities

August 7, 2014
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In an economy where companies are facing serious talent shortages, workers with disabilities offer a great value proposition.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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