Human Resources News & Insights

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

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

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

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?

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

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

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?

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 a caveat to even the most black-and-white policies employers must keep in mind.

Do you have to accommodate ADD sufferers? Court says …

HR pros know they have to be open to accommodating individuals with disabilities under the ADA. But does the same apply to those with ADD or ADHD? 

ADA: How to spot — and safely deny — unreasonable accommodation requests

From 2006 to 2016, EEOC charges against employers for ADA violations increased nearly 75%. With figures like that, some Finance chiefs feel it makes sense to grant each and every accommodation request that employees make. But that’s not the case.

No, ‘obsessive stalking’ isn’t ADA-protected

Attention, victims of failed workplace romances: If you’re thinking of stalking your ex, don’t expect to be covered under the ADA. Here’s a lawsuit you have to see to believe. 

Expert’s 4-step process for managing employees with psychological disabilities

When it comes to accommodating psychological disabilities, most employers will agree few situations are more challenging. With no one-size-fits-all answer, solutions are always employee specific, making psychological disabilities one of the toughest disabilities to manage.