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Supreme Court declines ADA leave case: Why that’s not a bad thing

by April 6, 2018 Comments (0)

So the Supreme Court decided not to tackle whether extended leave is a reasonable ADA accommodation. But that could be more good news than bad for employers.

Court ruling highlights when alcoholism is and isn’t ADA-protected

by March 23, 2018 Comments (0)

A recent ADA lawsuit shows that saying you are disabled and proving it in court are two very different things. 

Cost of denying an employee extended leave? $4.5 million

by February 8, 2018 Comments (0)

Though several court rulings have sided with employers that denied extended leave as an ADA accommodation, the issue is far from settled. And a recent lawsuit shows that employers denying additional leave is still a risky proposition.

In case you missed them: Top 10 biggest HR stories of 2017

by December 29, 2017 Comments (1)

2017 was a big year for news in general, but here are the most popular HR Morning stories of the year. 

ADA lawsuit: Can you force an unstable employee to see a doctor?

by December 27, 2017 Comments (1)

Here’s a tricky scenario for any HR pro: You have reason to believe that an employee, who has suddenly started showing increasingly erratic behavior, is struggling to do her job and negatively impacting her co-workers. What can you do?

When does ADA leave become unreasonable? Courts & EEOC say …

by December 4, 2017 5 Comments

Many questions spring up for employers when an employee exhausts their FMLA leave but still can’t return to work. Are you required to give them more leave under the ADA? If so, how much additional leave is too much? Can you fire them for needing too much time off? 

Fully healed policies: Court ruling highlights new danger for HR

by November 15, 2017 2 Comments

It’s not uncommon for employers to have some type of company-wide policy requiring all employees on leave to get a doctor certification that they’re cleared to come back to work. But as a recent lawsuit shows, if that policy is fairly rigid, it can put your company in legal danger. It can also lead to […] [MORE]

ADA dilemma: Did over-accommodating disabled worker leave company trapped?

by September 8, 2017 Comments (0)

Say a well-meaning manager wants to do the right thing for a disabled worker and winds up offering an accommodation that goes above and beyond what the ADA requires. Then, when management changes, a different manager decides the arrangement is no longer feasible. Is the company bound by law to continue providing that accommodation?

A 5-part checklist that works for any ADA accommodation request

by August 25, 2017 Comments (0)

From extended leave to drug-usage during work hours, there are plenty of reasonable accommodations employers may be required to make under the ADA. The only weapon companies can rely on to safely shoot down unreasonable accommodation requests is the law’s interactive process. 

Worker violated drug policy, so how the heck did company lose in court?

by August 4, 2017 2 Comments

Yes, employers can — and should — enforce drug policies that prohibit employees from working under the influence of drugs that impact performance and safety, even if the substances are legally prescribed prescription drugs. However, there is another caveat to even the most black-and-white policies employers must keep in mind.

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