Under the Americans with Disabilities Act (ADA) asking disability-related questions or requiring medical examinations, regardless of how the information is used, can be the basis for a claim or lawsuit. EEOC guidance has defined a disability-related question as one that is likely to elicit information about a disability. Both questions directly about disability, and those […]
The Americans with Disability Act (ADA) prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Many businesses can be unsure whether the ADA applies to them, as such, this article details which employers are covered by the ADA. In […]
Are you afraid of needles? A lot of Americans are. Trypanophobia, or the fear of needles, is the extreme fear of medical procedures involving injections or hypodermic needles. It is a Diagnostic and Statistical Manual of Mental Disorders recognized phobia affecting approximately 50 million Americans, making it a top-ten American fear. But what happens when […]
By: Ashley Staab Did you know that mental health is covered under the Americans with Disabilities Act (ADA)? As most employers are aware, the ADA applies to employers with 15 or more employees. The ADA protects qualified individuals with a disability from discrimination in job application procedures, hiring, firing, advancement, compensation, job training, and other […]
The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. As it relates to employment, the ADA protects both employees and applicants for employment. Covered employers (15 or more employees) are required to provide reasonable […]
A recent case out of Illinois joins a host of cases from other states holding that an employer that disciplines or terminates an employee for inappropriate conduct caused by a disability does not violate the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA). Employers are given wide latitude to develop […]
A Message From the CEO: I’m Stressed Out, But Does the ADA Care? By: Thoran Towler Who here gets stressed at work? Yeah, that’s everyone. Hopefully the stressful periods are few and far between. But what happens if an employee comes to you and says, “I’m stressed at this job and you need to accommodate […]
A Message From the CEO: The ADA & The Importance of an Accurate Performance Evaluation By: Thoran Towler As we know, the Americans with Disabilities Act (ADA) only protects an individual who has a disability and who is “qualified for a position.” To be qualified under the ADA, an individual must: (1) have the requisite […]
Raymond Severson, plaintiff in Severson v. Heartland Woodcraft Inc., has asked the United States Supreme Court to clarify how much leave is required under the Americans with Disabilities Act (ADA). The Appeals Courts have issued conflicting opinions on the matter, which has created confusion for employers. The Supreme Court has not decided whether it will […]
ADA Compliance – Some Major Tips Step 1: See the Value Employees can sense when company leaders are just going through the motions, even if HR says all the right words. 1 in 5 U.S. adults has a disability. Source: Job Accommodation Network There are also less tangible, but no less important, benefits for […]
