What is required for protection under the ADA?

In a situation of an interview or dealing with an ADA situation, I tell clients and students alike that one of the things they need to have memorized is the question “Can you perform the essential functions of this job, with or without a reasonable accommodation.” It is truly essential. Must be able to perform …

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Yes! Interactive means Interactive and not just once!

Under the ADAAA (Americans with Disabilities Act Amendments Act) there is a requirement that employers have interactive discussions with employees about their needs for accommodations in performing their jobs. My Miriam-Webster dictionary defines interactive as “mutually or reciprocally active” which implies a back and forth discussion. That is also what the EEOC defines as interactive. …

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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 …

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

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: …

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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 …

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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 …

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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 …

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Is “driving” in the job description as an essential function for employees who visit clients?

When you hire someone to be an outside sales rep you assume the way they are going to get from customer to customer is by driving, but do you specify that in your job description? Have you made that an essential function of the job? What about other jobs that require the employee moving from …

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