For want of a chair: Mistakes made in an ADA case

Sometimes you just wonder what people are thinking.  A recent ADA case demonstrates what I mean. The situation An employee was working in a long-term temporary position and had been for several years. He had a kidney condition that was getting worse, but he was able to continue to work with an accommodation. He provided …

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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 …

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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 …

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The ADA interactive discussion is a two-way street

Under the Americans with Disabilities Act Amendment Act (ADAAA) there is a requirement that employers have interactive discussions with employees (and candidates) to determine the extent of their need for an accommodation to perform the essential functions of their job. This discussion needs to be documented in order to show that discussion occurred and what …

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Why being accommodating is important, whether you have to or not.

The definition of accommodation is varied. According to my online dictionary it means: The act of accommodating; the state or process of being accommodated; adaptation. Adjustment of differences; reconciliation. A process of mutual adaptation between persons or social groups, usu. achieved by eliminating or reducing hostility. Anything that supplies a need, want, convenience, etc. From …

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Are your ADA decisions “job related and consistent with business necessity”?

The Americans with Disabilities Act and the ADA Amendment Act require employers avoid medical and disability conditions in the interview process. Most larger employers know that, even though they run afoul of the law more than they should. Most smaller employers may not be aware of the prohibition and subsequently they make mistakes all the …

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Why you should document when the decision was made!

  I know I write frequently about the importance of documentation. There is a reason for that! It will save you grief, heartache and money. Here is yet another reason why documentation is important. The Situation  Attorney Christopher Ward, of Foley & Lardner LLP, makes the point that a successful defense of a lawsuit often …

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If an employee mentions they have a disability you had better start talking

  What do you do if you employee comes to you and says she has cancer and she is concerned that she may have difficulty performing her work? You don’t answer “So are you going to resign?” Interactive discussion Yes, that did occur. There were more details to this case but my intent is not …

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