ADA

Testing, Testing, 1,2,3 - Part 3: The Americans with Disabilities Act
December 10, 2024
I wanted to take some time to discuss an often-overlooked aspect of retention, promotion, and hiring decisionmaking: employee and applicant testing.
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Understanding the Pregnant Workers Fairness Act
May 30, 2024
Over the past year the U.S. Equal Employment Opportunity Commission has been creating regulations for the implementation of the PWFA.  Those regulations were recently issued and take effect on June 18, 2024.
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When One of Your Employees Fails to Report to Work…
January 21, 2024
What is an employee’s responsibility to notify the employer when they will not be at work for medical reasons?
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An Applicant’s Family Medical History? Apparently, That’s the Million Dollar Question!
December 1, 2023
As most employers (hopefully) know, the Americans with Disabilities Act sets forth strict guidelines for when employers can require employees or applicants to undergo medical examinations or when they can ask questions that might reveal a disability.
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Employers, Are You Regarding Those Socially Awkward Employees as Disabled?
September 30, 2022
Being “on the spectrum” is a pretty common way of referring to individuals with autism. Of course, there are varying degrees of severity of symptoms, and some people with social communication or interaction challenges do not actually have autism spectrum disorder.
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Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace
July 13, 2022
It’s not surprising that some employers are concerned when employees take prescription medications that come with certain warnings – particularly when those employees are working with heavy machinery or sharp objects, or getting behind the wheel of a vehicle.
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Extraordinary Workplace Misconduct: Celebrating You is a Piece of Cake…
April 21, 2022
A Kentucky-based medical laboratory, Gravity Diagnostics, was found liable by a jury for disability discrimination when it fired an employee who suffered from an anxiety disorder that caused panic attacks.
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Maryland General Assembly Passes Paid Family and Medical Leave – What’s Next for Employers?
April 6, 2022
It provides for up to 12 weeks of paid leave for reasons that are mostly covered by the federal Family and Medical Act, and an additional 12 weeks if an employee requires both leave for their own serious health condition and to care for a child after birth/adoption/foster placement.
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“Reassignment is the Reasonable Accommodation of Last Resort”
May 13, 2021
So my partners and I have repeatedly written that, under the Americans with Disabilities Act, employers – not employees – get to choose among available accommodations to enable an employee with a disability to perform their essential job functions or enjoy equal privileges and benefits of employment.
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Seventh Circuit Issues ADA Reassignment Guidance
November 25, 2019
The Seventh Circuit Court of Appeals recently clarified its position concerning reassignment as an accommodation under the Americans with Disabilities Act.
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I Am Anxious; Am I Covered Under ADA?
November 21, 2019
Anxiety is commonly discussed and self-identified in the work environment and elsewhere. An individual may suffer from anxiety for any number of reasons, some of which are not medical in nature.
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Settling the Workers’ Comp Claim, But Ignoring the ADA Charge
March 27, 2019
Due to the EEOC’s low threshold or what is necessary to qualify as a disability, often a workers’ compensation injury may in fact qualify as a disability as defined under the ADA.
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