Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Disability

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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Nov 30 2015
DisabilityWorkers’ Comp

More flexibility coming for vocational rehabilitation benefits in Washington

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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Photo of Kandis Sells
Nov 23 2015
Q&ADisabilityLeave Laws  

What is the law regarding pregnancy time off in Washington?

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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Photo of Lorraine Hoffman
Sep 03 2015
Disability  

No need to accommodate employee who threatened to kill co-workers

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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Photo of Jon Benson
Jul 20 2015
DisabilityTermination & Resignation  

Disability discrimination found when employer avoids interactive process

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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Photo of Lorraine Hoffman
May 25 2015
Disability  

Transfer to previous role may have been reasonable accommodation for disability

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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Photo of Lorraine Hoffman
May 18 2015
Disability  

Does temporarily changing a job function make it non-essential?

An employer has successfully defended its decision to terminate a supervisor who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment.

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Photo of Diane Buisman
Mar 27 2015
Disability  

Employer loses bid to overturn large jury verdict on ADA claim

When a jury decided to award an employee $1 million on her disability discrimination and failure to accommodate claims, it was decided her employer was to be held accountable for numerous actions. Some of the employer actions that factored into the decision were:

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Photo of Karen Davis
Mar 26 2015
Disability  

Alert: Supreme Court says pregnancy accommodation may be required

The U.S. Supreme Court ruled UPS may have intentionally discriminated against a pregnant  driver when it denied her request for light duty during her pregnancy.

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Mar 23 2015
Q&ADisability

Is a new supervisor a reasonable accommodation for a mental health disability?

Question:  An employee with a behavioral/mental health disability requested a new supervisor as a reasonable accommodation, saying they no longer get along as the motivation for the request. Is this a reasonable accommodation?

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