Telecommuting doesn’t always have to be seen as a reasonable accommodation

When you have a worker out for some disability they may request the possibility of telecommuting as a reasonable accommodation. To some people and companies that may seem to be reasonable, but to others it may not. The case A litigation attorney sued her employer for not providing the reasonable accommodation of allowing her to …

Read more

Yes, leave can be considered a reasonable accommodation even when not covered by the FMLA

The intersection of the Americans with Disabilities Act and the Family and Medical Act can be a trying one. There have been numerous cases where courts have ruled that additional leave beyond the 12 weeks permitted by the FMLA would be considered a reasonable accommodation for the individual with the disability. Of course the courts …

Read more

Avoiding lawsuits is as simple as a little bit of training

An office cleaning company found out that just providing supervisors with a little bit of training would have been a much cheaper solution than paying a $16,000 settlement because of discrimination. Scoliosis gets in the way According to the EEOC a Michigan based company that provides corporate cleaning services will pay $16,000 to settle disability …

Read more

Just because it takes extra time and effort is no reason to avoid the accommodation discussion

According to a press release by the EEOC, a Texas based company is paying a fine of $110,000 to settle a suit where they were charged with not hiring two applicants based on their inability to hear. The Americans with Disabilities Act Amendments Act (ADAAA) requires employers to engage in interactive discussions with applicants or …

Read more

What the heck is “retroactive leniency” and why does it matter?

This falls into the category of “you learn something every day.” When I came across this post by attorney Richard Meneghello, of the law firm Fisher Phillips, my first thought was this had to do with forgiving something done in the past. I wasn’t too far off. Excuses for misconduct In his post, No Excuses: …

Read more

Four Very Instructive Reads in HR Compliance

Legal compliance for many HR people is a major headache. Each situation has some different twist to it that makes you question whether you are making the correct decision. Here are four situations that provide examples of just my point. Reverse discrimination This first post shows that reverse discrimination is recognized by the courts as …

Read more

From the archive: Accommodating the “hard of hearing” employee

I have not fully recovered my hearing loss from a year ago, either that or age or the sins of listening to loud music have finally caught up to me. Regardless many workers have trouble with hearing. Here is what you can do to help you and them. I recently had some illness related hearing …

Read more

Three great blog posts to read on Tuesday

I like to point out great blog posts that others have written to expose you to ideas and writers other than myself. Below are three great ones that from which I think you will learn a great deal. Ageism If you have read me at all you know that I think ageism is rampant in …

Read more

Just because it is workers' comp doesn’t mean it is not covered by the ADA

When an employee has to leave work due to a work-related injury it causes difficulties for many people, especially if it is a disabling injury. That disability status throws the situation into a different category. It is no longer just a worker’s comp issue it is also now a potential Americans with Disabilities issue. This …

Read more

Does an employee have to say the magical words “reasonable accommodation?”

As a consultant to small business I get this question frequently. In fact I got it twice in the month of October. The truth is there is nothing magical about the words. The case According to attorney Krista Sterken, of the firm Foley & Lardner LLP, a recent case affirms that an employee NEVER has …

Read more

Pin It on Pinterest