Americans with Disabilities Act (ADA)

Is An Allergy a Disability?

Posted on January 31, 2018 by Elaine I. Hogan

The Situation: An applicant for a position in a hospital has a latex allergy, meaning he could have a reaction to the latex gloves used with regularity in the hospital. Is this allergy a disability? And, if so, what does the hospital have to do to accommodate it?…


EEOC Goes After Another Employer For Failing to Extend Leave

Posted on January 17, 2018 by Elaine I. Hogan

The Situation: An employee who has been out on leave asks for a several extra weeks of leave—putting her over the twelve weeks to which she is entitled under the FMLA. Does the employer have an obligation to consider this request under the ADA?…


Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?

Posted on November 15, 2017 by Elaine I. Hogan

The Situation: A company requires all employees returning to work from medical leave to be able to perform their essential job duties without any sort of accommodation—basically a 100% return-to-work policy.  The policy applies across the board, no matter what the medical condition or what the employee’s position.  Is this lawful?…


Could Denying A Request for an Extension of Medical Leave Violate the ADA?

Posted on September 27, 2017 by Elaine I. Hogan

The Situation: You have an employee who has been out on medical leave because of a serious health condition.  But before his scheduled return-to-work-date, the employee requests an additional two months of leave to undergo further medical treatment.  If you deny this request, could you be violating the ADA?…


Is Refusing to Allow an Employee to Work From Home a Violation of the ADA?

Posted on July 26, 2017 by Elaine I. Hogan

The Situation: You have an employee who is responsible for overseeing a certain worksite.  She ends up suffering an injury which causes her to be unable to make the commute into work. You allow her to work from home for a period of time, but at some point conclude that you really need someone in that position that can be physically present at the worksite and so end up terminating her. Can she bring a claim under the ADA?…


My Employee Badmouthed me on Glassdoor—Can I Fire Him?

Posted on June 21, 2017 by Elaine I. Hogan

The Situation: One of your employees says some negative things about your company on You end up firing him shortly after his bad comments.  Does this give him a basis for a retaliation claim?…


What Can you Ask about an Employee’s Medications?

Posted on June 14, 2017 by Elaine I. Hogan

The Situation: One of your supervisors finds out that an employee is under psychiatric care and asks him about the medication that he takes for his condition. The supervisor then tells the employee he cannot take that medication on the job. Is there anything wrong with his conduct?…


Is Gender Dysphoria a Disability Under ADA?

Posted on May 31, 2017 by Elaine I. Hogan

The Situation: An employee who has been diagnosed with gender dysphoria requests that she be permitted to use the female bathroom, dress in a female uniform, and wear a nametag with a female name.  Management refuses to accommodate these requests until her name and gender marker are legally changed from male to female.  The employee’s co workers taunt her regarding issues related to her gender and she complains about the degrading treatment, yet no action is taken by management.  Could she have a claim for discrimination under the ADA?…


Employee Wellness Program—Potential Risks Under ADA?

Posted on April 12, 2017 by Elaine I. Hogan

The Situation: You implement a voluntary employee wellness program which requires employees to undergo health risk assessments and complete a health history questionnaire.  One of the incentives is that employees who complete the health risk assessment are not required to pay their monthly premiums for single coverage health insurance.  An employee raises concerns about the confidentiality of her health information if she participates and the voluntariness of the program and ultimately decides not to. If that employee ends up being fired, could she make a claim under the ADA?…


Would Your Company Need to Let an Intellectually Disabled Employee Work Shorter Shifts?

Posted on January 25, 2017 by Elaine I. Hogan

The Situation: You have an employee with intellectual limitations who typically has worked a consistent schedule of 12 pm until 4 pm.  The employee has historically been a good employee and received good marks on performance reviews.  You implement a new computerized scheduling process, pursuant to which employees are all automatically scheduled for various eight hour shifts.  The employee requests that she be permitted to continue working her usual four hour shifts.  Do you need to accommodate that request?…

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