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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A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions.
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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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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?
Read More…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?
Read More…The Department of Labor & Industries announced that it will be implementing changes in its vocational rehabilitation benefits, in response to action taken by the Legislature earlier this year.
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Q: We recently found out that one of our employees is five months pregnant, and may need to be on bed rest for the remainder of her pregnancy. We’re a small company; are we legally required to give her the time off?
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An employee who made serious and credible threats to kill his supervisor and manager was not a “qualified individual” under the Americans with Disabilities Act (ADA) and Oregon’s disability discrimination statute according to the 9th Circuit Court.
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One employee who was fired after a determination of a permanent partial disability in her workers’ compensation claim ended up winning a disability discrimination lawsuit. A federal district court ruled the employer could not simply rely on the workers’ compensation award of permanent partial disability in concluding the employee was unable to perform the essential functions of her job as a shipping clerk.
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A hospital that failed to return an employee who suffered from cognitive difficulties to his previous role may have failed to accommodate the employee’s disability as required by the Americans with Disabilities Act (ADA), ruled the Sixth Circuit U.S. Court of Appeals.
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