Disabilities
Disabilities News, Articles, Blogs, Webinars, White Papers & Events. Human Resources Management featuring HR news on Disabilities.
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Department of Labor Lists Considerations for Adult Child Care FMLA Leave Requests
… requests leave to care for an adult child under the Family and Medical Leave Act, including the impact of the Americans with Disabilities Act Amendments Act of 2008.Jeff Nowak, a partner with law firm Franczek Radelet P.C. in Chicago, said the Labor Department …
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Court Reverses Ruling, Says UPS Worker Entitled to Trial on ADA Claim
… reversed a lower court ruling and said a United Parcel Service Inc. worker is entitled to a trial on her Americans with Disabilities Act claim. The complex case of Teresa Watts v. United Parcel Service Inc. has gone to trial three times and been appealed …
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Dillard's to Pay $2 Million to Settle Class Action Disability Bias Lawsuit
… beyond the maximum amount of time allowed.In the suit, the EEOC alleged that since 2005 Dillard's violated Americans with Disabilities Act by requiring former cosmetics counter employee Corina Scott at a store in El Centro, California, and others, to disclose …
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Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee
… s ADA is very different than the statute in effect during Young's 2006 pregnancy:In 2007, the "old" Americans with Disabilities Act was in effect, which had some pretty stringent definitions of who was considered "disabled." Not only was a 20 …
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Fast-Food Franchisee Settles ADA Charges Brought by EEOC
… EEOC alleged that the company violated the Americans with Disabilities Act of 1990 by denying job applicant Michael Harrison employment ..... hearing-impaired communication systems. "Applicants with disabilities can be productive workers when they are given the opportunity …
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EEOC Opines on Domestic Violence, Sexual Assault, or Stalking as Title VII and ADA Violations
… Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking [pdf] . While Title VII and the Americans with Disabilities Act do not expressly protect victims from discrimination, they do protect against employers' use of stereotypes rooted …
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The 12 Days of Employment Law Christmas
Since the holidays are almost upon us, and the news is a little slow, I thought I'd have a little fun. So I wrote a song.
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Requests for Unpaid Medical Leaves Should Be Stamped, “Handle With Care”
If you are granting a leave to an employee as an accommodation, your best defense to a potential ADA claim is to have an open dialogue with the employee about a return date, and prepare to be flexible (to a point). Then, when the employee asks for “one more extension” to his or her leave of ...
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Pre-existing Perspective: New York Court Rules Against Reimbursing Employer
A New York Appellate court ruled that an injured worker's diabetes and obesity do not qualify as pre-existing conditions.
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Worker's Inability to Speak English Appropriately Considered in Disability Ruling: Court
The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
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Internet-Use Disorder: The Newest Disability?
If Internet addiction is a psychiatric disorder, then employees who suffer from it may be protected by the ADA. This development has potentially significant implications for your workplace.
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Can You Hear Me Now? Employer Cannot Reject Disabled Employee Without Individualized Inquiry of the Ability to Do the Job
If you failing to engage in this individualized inquiry, it will look like you are making the employment decision based on stereotypes and generalizations, which the ADA is supposed to rid from the workplace. That perception will not bode well for your defense of an ADA lawsuit.
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If You Put Up With Bullies in Your Workplace, Stop (Before Someone Else Makes You)
The reality is that if your company does not take this issue seriously, state legislators will and you won't like the results.
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What Isn't a Reasonable Accommodation?
Just because a disabled employee asks for an accommodation does not mean that you have to grant the request.
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People with Disabilities at Work and Play
With the 2012 Summer Olympics over and its 10,500 competitors back home, the Paralympic Games got under way Aug. 29. Taking part will be 4,200 athletes with a disability—40 percent of the number of athletes in the Olympic Games.
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Inaugural Virtual Career Fair for Veterans Gets a Salute from Employers
… for veterans with service-related disabilities . "Hiring veterans is not just something ..... Virtual Career Fair for Veterans with Disabilities , which was hosted by San Francisco ..... For veterans with service-related disabilities , this gives them equal access to these …
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Headed to Work in Washington State? Don't Fire Up That Bong Just Yet …
… the U.S. Court of Appeals for the 9th Circuit stated that medical marijuana use is not protected by the Americans with Disabilities Act because the act;s definition of "illegal drug use" is based strictly on federal law. A few states, namely Arizona …
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Must HR Diagnose Mental Disabilities
Around the time the Americans with Disabilities Act (ADA) became law in 1990, an ..... understanding of what comprises mental disabilities was HR's first error. Having no ..... accommodate workers with psychiatric disabilities . Because so many business professionals …
