You probably already know that the ADA (and the ADAAA) protects qualified individuals with disabilities from discrimination. Title I applies to the workplace. There’s more though. Built into the definition of discrimination is failure to provide reasonable accommodations to qualified individuals with disabilities in hiring and during employment. In other words, Title I of the […]
When is a Reasonable Accommodation Not Reasonable?
Most employers know they have to reasonably accommodate qualified applicants’ and employees’ disabilities. Not all employers know that they also have to reasonably accommodate employees’ religious practices. That doesn’t mean you have to grant every request for an accommodation, however. The key word here is reasonable. So what is a reasonable accommodation, and what determines […]
When Do You (Not) Have to Continue an ADA Accommodation?
Title I of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA), requires an employer to provide reasonable accommodations for employees/applicants that are qualified individuals with disabilities. Which accommodations are reasonable and how can you tell? Unfortunately, there is no bright-line rule. Employers must make an individualized assessment. Normally […]
The 7th Circuit Says the ADA Doesn’t Require Extended Leave After FMLA. What Gives…??
If your employee uses all 12 weeks of FMLA leave and still can’t return to work, do you have to leave his/her job open? According to the EEOC, and many courts, yes. The Seventh Circuit, however just handed down a ruling that seems to say “No”. You may be asking, “What do you mean seems […]
Holy Smoke! Do You Have to Allow Medical Marijuana at Work?
Do you conduct pre-employment drug screens? What if one of your applicants tests positive for marijuana? What if that candidate presents you with a card, showing that s/he uses medical marijuana, for treatment of a chronic condition? As you may know, medical marijuana is legal in at least 24 states, and the District of Columbia. […]