Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?
Posted on November 15, 2017
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
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?
My Employee Badmouthed me on Glassdoor—Can I Fire Him?
Posted on June 21, 2017
the situation One of your employees says some negative things about your company on Glassdoor.com. You end up firing him shortly after his bad comments. Does this give him a basis for a retaliation claim? the ruling Depending on the content of the posts, you could be looking at a retaliation claim under these circumstances. […]
What Can you Ask about an Employee’s Medications?
Posted on June 14, 2017
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
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 […]
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 […]
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 […]
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?
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?