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Tag: disability discrimination


News

Case Study: Court Razes Architect’s Failure-to-Accommodate Suit

November 21, 2022

Via: HR Hero

The Georgia Court of Appeals recently upheld a trial court’s dismissal of an employee’s claim that his employer failed to accommodate his disability, holding that Georgia state law provided him no legal remedy. Facts In 2016, Lindsay Pope Brayfield & […]


Research

Appellate Court Rules for Employer on Interactive Process Issue

September 26, 2022

Via: HR Hero

In a recent decision, the Appellate Division, Second Department ruled an employer’s alleged failure to engage in the “interactive process” wasn’t an independent element of a disability discrimination claim under the New York State Human Rights Law (NYSHRL). Read on […]


Research

Restaurant and Service Dog: ADA Cautionary Tale for Employers

September 16, 2022

Via: HR Hero

A restaurant in Burlington, Vermont, recently made headlines after refusing to seat a customer with a service dog. The restaurant owner cited an incident in which a previous patron’s dog attacked a neighboring table. In addition, she refused to seat […]


Software

Software, Algorithms, and AI: New EEOC Guidance for Employers

September 13, 2022

Via: HR Hero

It’s the year 3022, and you’ve just applied for a new job as an engineer on a starship traveling to Mars. You submit your resume, and an algorithm selects you for an interview. You record video answers to the employer’s […]


Research

Court Restores Accommodation Claim for Employee with Pending Leave Request

August 30, 2022

Via: HR Hero

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from […]


Workplace wellness

Lessons on Accommodating Anxiety Disorders

August 25, 2022

Via: HR Hero

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by […]


Research

Time Is on Her Side: Temporary Disabilities Under the ADA

August 23, 2022

Via: HR Hero

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission […]


News

Unwelcome Office Birthday Party Leads to $450K Verdict, Lessons on Disability Law

August 11, 2022

Via: HR Hero

Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, […]


Research

Failure to Accommodate Autistic Worker Ends with Settlement of EEOC Disability Lawsuit

July 6, 2022

Via: HR Hero

The Americans with Disabilities Act (ADA) and the ADA Amendments Act of 2008 (ADAAA) prohibit an employer from discriminating against an individual who is (1) disabled within the statutes’ meaning and (2) qualified to perform the essential job functions with […]


News

Menopausal worker loses sex and disability discrimination claim

May 27, 2022

Via: Personnel Today

Ms McMahon worked as a typist at law firm Rothwell & Evans, and was dismissed due to a series of absences. McMahon had sent an email to a senior lawyer describing how menopause-related hot flushes were “unbearable” and made her […]


Research

High Court Considers ERISA Fiduciary Duty and Disability Bias Damages

December 10, 2021

Via: SHRM

The U.S. Supreme Court recently heard arguments in cases that could impact claims against fiduciaries of employee benefits plans and damages in certain disability discrimination lawsuits. Here’s what employers need to know. ERISA ‘Excessive Fees’ Claim On Dec. 6, the […]


News

One Strike and You’re ‘Out’

September 27, 2021

Via: HR Hero

Citing the employer’s zero-tolerance “no-call, no-show” policy, an Ohio federal district court recently upheld the termination of an employee who had just returned from a leave of absence under the Family and Medical Leave Act (FMLA). Facts University Manor staffs […]


Development & Evaluation, Employee retention

Potential ADA Accommodations Abound, But a Few Declared ‘Unreasonable’

September 23, 2021

Via: HR Hero

There’s no exhaustive list of potentially reasonable accommodations for employees with disabilities. Whether an accommodation is reasonable will depend on the unique circumstances of each instance, including the individual’s limitations and essential job functions. Some accommodations, however, have been declared […]


Research

Reassigning Disabled Employee to Another Job May Violate ADA

August 3, 2021

Via: HR Hero

If disabled employees can’t be reasonably accommodated in their current job, the Americans with Disabilities Act (ADA) requires you to consider reassigning them to a vacant position they are qualified to perform. Under the Act, however, reassignment isn’t a preferred […]


News

ADA violation: Company failed to accommodate employee after surgery

March 16, 2020

Via: HR Morning

When an employee returns to work after getting a kidney transplant, the ADA requires employers to reasonably accommodate them. One employer didn’t even try to, and ended up in court. Accommodation requests denied Michael Fisher worked at Nissan North America […]


Research, Software

Getting Beyond the ‘Charity Model’: Tips for Recruiting Employees with Disabilities

March 15, 2019

Via: HR Hero

Few dispute research showing that a diverse workforce contributes to an employer’s success, but diversity efforts often don’t explore the benefits of recruiting people with disabilities. However, that’s beginning to change. “We have certainly seen a shift,” says Kristine Foss, […]


News

Fired Employee Claiming Disability Bias Gets Trial

November 16, 2018

Via: SHRM

A California appellate court ruled that a systems analyst terminated allegedly for poor performance following a disciplinary probation and suspension was entitled to a trial on her claim of disability discrimination, even though the employer demonstrated a legitimate business reason […]


News

Employer pays $25K for firing worker with bipolar disorder

December 5, 2017

Via: HR Dive

The ADA requires that employers provide reasonable accommodations to workers with disabilities. This can include leave, even if an employee is not entitled to any other medical leave under an employer’s policy or the Family and Medical Leave Act, for […]


News

DOJ provides informative take on ADA amendments

September 19, 2016

Via: HR Morning

The Department of Justice (DOJ) just issued a final rule amending the ADA — and there’s one aspect of the rule employers will want to pay particular attention to. The final rule integrates the broad ADA Amendments Act (ADAAA) definition […]


News

This rate of increase for ADA lawsuits is staggering

August 1, 2016

Via: HR Morning

You likely know by now that federal agencies have made rooting out disability discrimination a top priority. And you likely expected lawsuits to increase in this area. But did you expect things to reach this point this quickly? Compared to […]