Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Disability

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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Photo of Lorraine Hoffman
Jan 27 2015
DisabilityLeave Laws  

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability.

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Photo of Kandis Sells
Jan 15 2015
Q&ADisability  

Termination for bad behavior is not disability discrimination or retaliation

Question: Our company is working through some long-term performance issues with two employees who are not improving. Both of these employees have disabilities that we are actively accommodating so termination is risky, but do we have to just keep them on forever if they aren’t good employees?

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Photo of Sean Brown
Dec 30 2014
Disability  

Collaboration and communication key to disability accommodation

When a disability interferes with an employee’s ability to work, Washington’s Law Against Discrimination (WLAD) requires employers to engage in a collaborative process to search for reasonable accommodations, and eventually explore other available positions that meet the employee’s restrictions, ruled a federal district court.

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Photo of Karen Davis
Dec 16 2014
Q&ADisability  

Essential functions of job may not be as clear as you think

Question: Our receptionist is responsible not only for answering phones and greeting visitors, but also for keeping the adjacent coffee room clean. She now says she is allergic to all cleaning products and cannot clean the coffee room. We believe this is an essential function of her job. If we can’t find a reasonable accommodation, can we remove her from the position?

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Photo of Lorraine Hoffman
Nov 06 2014
Disability  

Is your workplace technology accessible to people with disabilities?

The U.S. Department of Labor (DOL) has announced a new initiative promoting the employment, retention, and career advancement of people with disabilities through the development, adoption, and promotion of accessible technology.

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Photo of Jodi Slavik
Oct 21 2014
Q&ADisability  

Pregnancy Accommodation: Handle with care

Q: A pregnant employee doesn’t want to work one of the jobs in a rotating shift, saying she can’t lift over 10 lbs. It happens to be the job no one wants to work. Do I have to allow her to skip it because she’s pregnant?

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Photo of Diane Buisman
Sep 24 2014
DisabilityDrug and Alcohol  

Drug testing for prescription medication is questionable under ADA

Random drug testing for prescription medication pushes the limits of what is permissible under the federal Americans with Disabilities Act (ADA), but may not necessarily violate the law, according to a recent case from the Sixth Circuit U.S. Court of Appeals.

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Sep 18 2014
Disability

OREGON: Duty to accommodate didn’t extend to fitness-for-duty exam process

An Oregon court recently dismissed a preschool teacher’s disability claim because she refused to submit to a fitness-for-duty exam.

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