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.

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.

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.

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:

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.

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?

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.

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?

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.

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?

Vigilant Blog

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

Showing posts for: Disability

DisabilityTermination & Resignation

Disability discrimination found when employer avoids interactive process

Disability

Transfer to previous role may have been reasonable accommodation for disability

Disability

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

Disability

Employer loses bid to overturn large jury verdict on ADA claim

Disability

Alert: Supreme Court says pregnancy accommodation may be required

Q&ADisability

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

DisabilityLeave Laws

CALIFORNIA: Indefinite leave of absence is not required under FEHA

Q&ADisability

Termination for bad behavior is not disability discrimination or retaliation

Disability

Collaboration and communication key to disability accommodation

Q&ADisability

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

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Vigilant Blog

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

Showing posts for: Disability

DisabilityTermination & Resignation

Disability discrimination found when employer avoids interactive process

Disability

Transfer to previous role may have been reasonable accommodation for disability

Disability

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

Disability

Employer loses bid to overturn large jury verdict on ADA claim

Disability

Alert: Supreme Court says pregnancy accommodation may be required

Q&ADisability

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

DisabilityLeave Laws

CALIFORNIA: Indefinite leave of absence is not required under FEHA

Q&ADisability

Termination for bad behavior is not disability discrimination or retaliation

Disability

Collaboration and communication key to disability accommodation

Q&ADisability

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

Browse by Category

Browse by Topic

Filter by State

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