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Disability Discrimination

‘Attendance point’ policy costs employer $1.7M

It starts out as a simple challenge: Companies need a way to track employee attendance. 

by Tim Gould
December 9, 2016

'Social anxiety disorder' is qualifying condition under ADA: Court

The definition of disability — the kind employers have to make an effort to accommodate — just keeps getting wider and wider.  

by Tim Gould
April 22, 2015

'We didn't know he was disabled: Do we have to accommodate him?'

Here’s more disappointing proof that employees (or rather, ex-employees) will sue you for just about anything these days. The more disturbing fact: Sometimes, seemingly ridiculous lawsuits are found to have merit.

by Christian Schappel
April 24, 2015

A $128k lesson in why employers need to accommodate disabled workers

An Arkansas car dealership is on the hook for more than $128k after it failed to accommodate a sales manager who returned to work after spine surgery.

by Tim Gould
November 12, 2014
ADA

A cautionary tale about requiring random testing for drugs and alcohol

Many employers have taken a pro-active approach to helping employees deal with drug and alcohol problems. A recent case out of New Jersey clarifies just how far companies can go in setting protocols for ensuring that workers stay on the straight and narrow.

by Tim Gould
November 23, 2012

A shortsighted hiring decision costs company $35k

Making assumptions based on stereotypes about an applicant’s fitness for work is a sure-fire way to get you in trouble, as an Indiana firm recently learned.  

by Tim Gould
March 8, 2017

A simple list of job duties could have saved company in ADA bias suit

Accommodations for disabled employees needn’t be complicated. Here’s an example of how one simple step could have saved a retail chain from a sizable penalty for violating the ADA.  

by Tim Gould
August 19, 2016

ADA accommodation? But we haven't even hired her yet

This is a federal employment law pill some employers have a tough time swallowing.

by Christian Schappel
February 25, 2015

ADA claim: Employer to pay $90K for failing to transfer disabled employee

Here’s a reminder that the feds want to see all employers explore job reassignment as an accommodation under the Americans with Disabilities Act (ADA). 

by Christian Schappel
March 3, 2017

ADA lawsuit puts hair salon operator in a tight spot

There’s a new entry on the list of conditions that can qualify as a disability in the workplace: claustrophobia.  

by Tim Gould
September 21, 2016

ADA roundup: 3 new settlements that cost firms big

The Equal Employment Opportunity Commission (EEOC) is showing no signs of letting up on disability lawsuits. 

by Dan Wisniewski
March 28, 2014
overtime, flsa, wage and hour

ADA: Another example of just how hard it is to comply with the law

A new court ruling just made it a little more difficult for employers, managers and supervisors to comply with the ADA’s accommodation requirements. 

by lstead
October 26, 2016
disability, eeoc, ada

ADA: Can disabled man be held to strict work hour requirement?

To access this content, you must purchase Insider Membership – Membership, Annually, Premium, Web-free-trial-cc-tier-2, Insider Membership – Membership, Annually, Free, Tm-free-trial-no-cc, Insider Membership – Membership, Annually, Premium, Whr-print-pub-sub-tier-1 or Insider Membership – Membership, Annually, Premium, Whr-print-pub-sub-tier-2.

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by John Walston
May 6, 2019

Another obese staffer wins ADA suit: Is it an epidemic?

Since the American Medical Association officially recognized obesity as a disease earlier this summer, we’ve already seen one obesity-as-disability case pop up. Here’s the second. 

by Dan Wisniewski
September 20, 2013
wellness

Arbitrary maximum leave policy, disability discrimination costs retailer $8.6 million

Think the feds aren’t serious about enforcing laws against disability discrimination? Check this: A recent case is going to cost home improvement retailer Lowe’s a cool $8.6 million.

by Tim Gould
May 20, 2016

Beware the latest lawsuit threat: Retaliation

In 2009, U.S. employees filed 93,277 workplace discrimination charges with the Equal Employment Opportunity Commission (EEOC) – the second highest number ever.  And for the first time, race discrimination did not top the list of claims.

by Tim Gould
April 2, 2010

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