Vigilant Blog

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

Showing posts for: Disability

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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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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