Accommodation
What’s that smell? Fragrance sensitivities and the ADA
Among the conditions that may qualify as a “disability” under the Americans with Disabilities Act (ADA) and thus require the provision of job accommodation, an employee’s sensitivity to fragrances is probably not near the top of the list that comes to the mind of most employers. But guess what? Fragrance sensitivity is real – and…

Why ‘the disability made me do it’ defense didn’t fly here
Employees might have health conditions that meet the definition of “disability” under federal law – but that doesn’t mean a court’s going to buy it if they say “the disability made me do it” when they break the rules. And if they were fired for misconduct, courts tend to reject “the disability made me do…

Why this transgender prisoner’s ADA case is big news for HR
A new federal court ruling has opened the door to greatly expanded protections for people with gender dysphoria under the ADA. And even though the case does not involve an employment-related dispute, it has clear and significant implications for employers and HR pros. The court’s finding that gender dysphoria can be an ADA disability in…

Workplace mental health: What to do when HR’s discouraged from talking about it
More than half of employers (55%) are having some kind of conversation about workplace mental health, according to a survey of workers and employee benefits leaders by Lyra. However, that also means 45% of employers are not openly talking about it. There’s a big reason: fear of a surge of employee requests for Americans with…

You can’t always get … Why UPS won this job accommodation suit
A new federal appeals court ruling highlights an important rule about disability-related job accommodation under the ADA. The rule: An employee is not entitled to their accommodation of choice, even if it is effective. Instead, an employer meets its job accommodation duty by offering any effective reasonable accommodation. Two effective accommodations, and one is more…

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