Americans with Disabilities Act (ADA)

Employee Wellness Program—Potential Risks Under ADA?

Posted on April 12, 2017

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?…

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

Posted on January 25, 2017

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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Depression and the ADA According to the EEOC

Posted on December 22, 2016

The Situation: Mental health conditions, including depression and PTSD, can trigger protection under the ADA. Employers are prohibited from discriminating against employees based upon these conditions and also must provide reasonable accommodations to employees as necessary. But what does this mean in reality?…

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Can You Claim Total Disability But Also Claim to be Qualified Under the ADA?

Posted on October 19, 2016

The Situation: An employee takes extended leave because of a medical condition.  After exhausting her FMLA leave, the employee asks for additional leave as an accommodation.  Because of the nature of her position and needs of the company, you cannot provide this accommodation and she is terminated.  The next day she files her application for disability benefits, claiming that she is temporarily totally disabled.  Can she claim to be a “qualified individual” under the ADA and bring a claim based on her termination?…

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You Fired Me Because I’m an Alcoholic—Is that Discrimination?

Posted on June 29, 2016

The Situation: You have an employee that has suffered from severe alcoholism for some time.  After a couple of instances where he fails a breathalyzer while on the job, you fire him.  You tell him he can come back if he completes an intensive alcohol rehab program.  He enrolls in such a program and then after completion, applies for a job.  You decide not to hire him.  Should you be worried about a claim of disability discrimination?…

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Employee Wellness Programs—New EEOC Input

Posted on June 22, 2016

The Situation: Because you want to encourage your workforce to be healthy, you decide to implement an employee wellness program.  What are some of the steps should you take to make sure your wellness program does not violate the ADA?…

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Can You Discriminate By Making an Employee Do Less For the Same Money?

Posted on May 11, 2016

The Situation: You decide to shift supervisory responsibilities away from one of your current supervisors to a new supervisor, but keep the old supervisor at the same rate of pay with the same job title.  Could this be considered an adverse action that could support a discrimination claim?…

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How Far Can You Go With Medical Inquiry of a Prospective Employee?

Posted on March 30, 2016

The Situation: You have found a good candidate for an open position—the only thing between him and the job is a medical screening.  During the screening, you become aware that he had a back injury a few years ago and you are worried he can’t do the job, which is fairly physically demanding.  Can you require that he get an MRI to get more clarity on his condition?  And if he doesn’t get the MRI, can you take back the job offer?…

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Obesity = Impairment?

Posted on February 24, 2016

The Situation: You are hiring for a position that has some significant safety concerns. You offer the job to an applicant, contingent upon a successful medical screening. The screening ends up showing that the applicant is morbidly obese and you are concerned about the risks that could be associated with his performing the functions of the job. You decide not to hire him. Can he succeed on a claim of discrimination?…

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Assumptions About Applicant’s Medical Condition Can Lead to ADA Claim

Posted on November 30, 2015

The Situation: After receiving a job offer, an applicant reveals that he takes medication for anxiety and high blood pressure.   In light of the type of the position he would hold, you have some concerns that his medical condition could affect his ability to do his job and so you end up rescinding the job offer. Could your perception about his medical condition get you in trouble?…

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