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Showing posts for: Disability

Jun 12 2017
DisabilityQ&A

Q&A: Employer doesn’t have to promote to accommodate disability

A: No. Your obligation under the Americans with Disabilities Act (ADA) is to reasonably accommodate her disability so that she can perform the essential functions of her job. To figure out what this accommodation might be, you must engage in back-and-forth dialogue with the employee to determine what she needs—usually with help from her doctor—and…

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May 05 2017
DisabilityDrug and AlcoholQ&A

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Answer: No. The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate a disability, such as alcoholism, but the ADA has a unique rule for bad behavior related to the use of alcohol or illegal drugs. Disability Rights and Alcohol Under the ADA, an employer “may hold an employee who engages in the illegal…

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Mar 23 2017
DisabilityHarassment & DiscriminationHiring

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to perform the essential duties…

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Feb 06 2017
DisabilityHiringQ&A

Q&A: Think twice before revoking job offers based on red flags

Answer: You have the right to revoke an offer when you have a legitimate, non-discriminatory reason, such as not hiring someone who was terminated for attendance violations. However, in this case it’s not that simple. Two other key issues about his prior job surfaced: he alleged a disability and he filed a claim against his…

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Dec 20 2016
DisabilityLeave LawsTermination & Resignation

Q&A: Risky to discipline for performance problems upon return from leave

Answer: Think about how a government agency or a jury would look at this situation. Would they think you treated this employee fairly?   While at-will employment provides employers and workers with the freedom to terminate the employment relationship at any time, there are public policy reasons that forbid terminating employees on the basis of…

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Aug 10 2016
Disability

Anxiety disorders and the ADA: Employer wins case, despite refusing employee’s accommodation request

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 behavior was reportedly erratic…

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Jul 14 2016
Disability

Disability accommodation requests require a careful analysis of essential job functions

A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions. A pharmaceutical sales representative gradually lost most of her eyesight, and could no longer drive a car. She had no set office and her job involved traveling and meeting with doctors and other medical providers. The employee…

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Jun 24 2016
CaliforniaDisability

Telling a California employee to see doctor not enough to satisfy interactive process

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. The employee, originally a cut-and-die operator at a corrugated container plant, was placed…

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Apr 08 2016
DisabilityQ&A

Employees with Fragrance Sensitivity: Addressing Request for a Fragrance-Free Workplace

Answer: Chemical sensitivity and allergic reactions to fragrance can be serious enough to constitute a disability under the Americans with Disabilities Act (ADA), so you may have an obligation to make a reasonable accommodation for the employee. Even if the sensitivity does not constitute a disability, there can be value in making sure employees are…

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Jan 06 2016
DisabilityDrug and AlcoholQ&A

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

A: If the reason you are choosing not to hire the applicant is purely because she is a recovering alcoholic, then that is a violation of the Americans with Disabilities Act (ADA) and the applicant could bring a discrimination claim. However, if you’re choosing not to hire her because she is either not qualified to…

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Nov 30 2015
DisabilityWashingtonWorkers’ 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. The new rule will offer greater flexibility and customization as well as allow a longer period of time for workers eligible for retraining to opt out…

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Nov 23 2015
DisabilityLeave LawsQ&A

What is the law regarding pregnancy time off in Washington?

A: Yes, under Washington law if you have at least eight employees you must give your pregnant employee a leave of absence for the entire time she is sick or temporarily disabled due to pregnancy or childbirth. This law applies to all pregnant employees, regardless of their position, pay, number of hours worked, or length…

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