Top

Tag: Disability


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 & […]


Workplace wellness

Lockdowns blamed for rising diabetes in under-40s

November 4, 2022

Via: Personnel Today

The number of people aged under 40 with a clinical diagnosis of type 2 diabetes in the UK has risen to 148,000, a 23% increase from 2017 figures, the charity warned. More than 3.78 million people in the UK have […]


Development & Evaluation, Employee retention

Employers Can Do More for Workers with Disabilities

October 25, 2022

Via: SHRM

Labor market data shows that people with disabilities are back to work at pre-pandemic employment levels after being disproportionately laid off during the pandemic. But these workers remain a largely untapped talent pool, still seek to feel fully included in […]


Development & Evaluation, Employee retention

Trends in Accommodating Employees with Disabilities

October 12, 2022

Via: SHRM

Much has changed in the world of work since the federal Americans with Disabilities Act (ADA) was passed in 1990. Among those changes are the widespread ripple effects of the COVID-19 pandemic, a huge increase in remote work and higher […]


News

California employer allegedly fails to accommodate ex-worker’s disability

September 30, 2022

Via: HRD America

The case of Kaur v. Foster Poultry Farms LLC involved a workplace injury. Foster Poultry Farms LLC employed the plaintiff as a yield monitor at its chicken processing facility. While working in 2013, she slipped while wearing company-issued rubber boots […]


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 […]


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 […]


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

When Should Service Dogs Come to Work?

July 14, 2022

Via: SHRM

On June 30, the U.S. Equal Employment Opportunity Commission (EEOC) sued arts-and-crafts retailer Hobby Lobby for refusing to reasonably accommodate and then firing an employee with mental health problems who requested the use of a service dog. The EEOC alleges […]


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 […]


Software

EEOC, DOJ Warn Companies: Do Not Use AI to Discriminate

May 18, 2022

Via: SHRM

Employers must review their artificial intelligence tools to ensure they are not violating the Americans with Disabilities Act (ADA), according to new guidance released by the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ). Earlier this […]


Workplace wellness

Long NHS waits meaning many with long Covid becoming desperate

May 17, 2022

Via: Personnel Today

Asthma + Lung UK has said that in the past six months around half a million people have visited its online long Covid health advice or called its helpline for wide-ranging symptoms, including breathlessness and persistent coughs. The numbers of […]


Workplace wellness

SOM issues neurodiversity guide for occupational health practitioners

April 11, 2022

Via: Personnel Today

The guide, Evaluating and supporting Neurodifferences at work, has been developed by the SOM Occupational Health Psychology Special Interest Group and includes Dr Nancy Doyle, Dr Belinda Medhurst and Dr Gail Kinman among its contributors. The guide is aimed at […]


Development & Evaluation, Engagement

Disability as the Invisible Element of Diversity

February 21, 2022

Via: HR Hero

When people talk about diversity and inclusion, they often think mainly about race and gender. These two aspects are perhaps the most prominent dimensions of diversity, but they’re far from the only ones. Disability, whether physical or mental, is also […]


News

Employee with a Disability Was Not Discriminated Against During RIF

February 15, 2022

Via: SHRM

AT&T did not discriminate against an employee with a disability by selecting her for a reduction in force (RIF) on two separate occasions. The reductions in force were adverse employment actions, according to the 3rd U.S. Circuit Court of Appeals, […]


Research

Employer settles claim it fired worker, advised she ‘focus on her health’

January 27, 2022

Via: HR Dive

The ADA prohibits employers with 15 or more employees from terminating an employee based on a real or perceived disability, which it defines as a “physical or mental impairment that substantially limits one or more major life activities.” Employers can […]


Research

How Pandemic, Political Shifts have Affected Affordable Care Act

November 8, 2021

Via: HR Hero

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and […]


Development & Evaluation, Employee retention

Looking at the ‘10 Facets of Workplace Diversity and Inclusion’

October 14, 2021

Via: HR Hero

When people think of “diversity and inclusion” (D&I), invariably their minds immediately go to racial and ethnic identity, with gender likely coming in a relatively close second. Indeed, both the presence and the inclusion of women and people of color […]


Development & Evaluation, Employee retention

Accommodating Hearing and Visually Impaired Employees During Remote Work

September 27, 2021

Via: HR Hero

Some of the often-hidden experiences in many offices even before the COVID-19 pandemic triggered a widespread shift to remote work have been the experiences of hearing and visually impaired employees. With a broad shift to remote work, these employees are […]


Development & Evaluation, Employee retention

So, Your Employee Wants to Keep Teleworking After Pandemic

August 5, 2021

Via: HR Hero

You must provide a reasonable accommodation to an employee with a disability only if it allows her to perform her “essential job functions” and doesn’t pose an undue hardship to the company. “Essential job functions” mean the “fundamental” duties of […]