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Showing posts for: Disability

Photo of Jodi Slavik
Jun 12 2017
Q&ADisability  

Q&A: Employer doesn’t have to promote to accommodate disability

Q: We have a production employee with a medical condition whose doctor said no work “near dust or contaminants.” We tried several options, including buying a respirator and moving her to different positions on the floor. Instead she wants an open sales job that pays more. Do we have to give it to her?

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Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation  

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

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Photo of Jodi Slavik
Feb 06 2017
Q&ADisabilityHiringTermination & Resignation  

Q&A: Think twice before revoking job offers based on red flags

Question: We just found out our new hire was fired from his last job for bad attendance, after which he sued the company for disability discrimination. We’re worried he’s not a fit. Can we revoke the conditional job offer?

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Photo of Josephine Ko
Dec 20 2016
DisabilityLeave LawsTermination & Resignation  

Q&A: Risky to discipline for performance problems upon return from leave

Question: One of our employees is elderly, and he is currently out on medical leave for surgery. He has had performance issues, but we haven’t written him up for it. He’s an at-will employee, so can I demote him or eliminate his position because of his performance issues? He didn’t completely fill out his medical certification, so is he even entitled to take medical leave?

 

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Photo of Diane Buisman
Aug 10 2016
Disability  

Anxiety disorders and the ADA: Employer wins case, despite refusing employee’s accommodation request

The federal Americans with Disabilities Act (ADA) does not require an employer to grant an employee’s demand for a particular accommodation, as one employer proved in a recent case from an Oregon federal district court. The employee suffered from anxiety and claimed that she could not work with her co-worker, whose…

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Photo of Jon Benson
Jul 14 2016
Disability  

Disability accommodation requests require a careful analysis of essential job functions

A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions.

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Photo of Jodi Slavik
Jun 24 2016
Disability  

Telling a California employee to see doctor not enough to satisfy interactive process

Showing just how far an employer must go to satisfy California’s Fair Employment and Housing Act (FEHA), a federal district court recently refused to dismiss an employee’s claim that his employer failed to engage in a second round of disability accommodation talks.

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Photo of Lorraine Hoffman
Apr 08 2016
Q&ADisability  

Employees with Fragrance Sensitivity: Addressing Request for a Fragrance-Free Workplace

Question: We have an employee who has indicated that he is allergic to all fragrances and has requested that we prohibit anyone from wearing perfume or cologne in the workplace, banning the use of any scented products. Do we really have to tell our employees what kind of laundry detergent they can and cannot use and that they can’t wear perfume or cologne to work?

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Jan 06 2016
Q&ADisabilityDrug and Alcohol

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

Q: During an interview, a candidate mentioned that she recently completed an alcohol rehabilitation program. Could we get into any legal trouble if we decide not to hire this candidate?

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