Americans with Disabilities Act (ADA)

Is a Policy Requiring Employees to be 100% Healed Before Returning to Work a Problem?

the situation A company implements a policy under which any employee must be 100% healed from any medical condition before returning to work.  Is this lawful? the ruling Probably not.  A few months ago, the EEOC filed a lawsuit against Nevada Restaurant Services, a Nevada company that operates slot machines, taverns and casinos, based on […]

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Is it Discrimination to Call Someone a Psycho?

the situation An employee is a veteran who suffers from PTSD.  His supervisor refers to him as a “psycho” to some of his co workers on a number of occasions. Could this constitute discrimination? the ruling It might.  A manufacturing company based in Wyoming recently settled a case with the EEOC which involved similar allegations, […]

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Is An Allergy a Disability?

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?

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EEOC Goes After Another Employer For Failing to Extend Leave

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?

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

  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?

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

  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?

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

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 […]

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

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.  […]

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What Can you Ask about an Employee’s Medications?

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?

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Is Gender Dysphoria a Disability Under ADA?

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 […]

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