Americans with Disabilities Act -- Reasonable Accommodation

  •  

    Although pregnancy is not considered a disability under the Americans with Disabilities Act (ADA), complications and conditions that result from or are exacerbated by pregnancy or childbirth may constitute a disability. Even if a worker is unable to establish a discrimination claim that is related to her pregnancy, she still may prevail against...
  •  

    Q One of our employees discovered that he incorrectly coded his overtime, which means he wasn't paid at the proper rate. Now he wants us to go back 10 years to see if he has been paid wrong. Is there a time limit for reimbursing him for mistakes in his pay? A Yes. Under the Fair Labor Standards Act (FLSA), there is a two-year statute of...
  •  

    Q One of our employees discovered that he incorrectly coded his overtime, which means he wasn't paid at the proper rate. Now he wants us to go back 10 years to see if he has been paid incorrectly. Is there a time limit for reimbursing him for mistakes in his pay?  A Yes. The employee is entitled to three years of pay at most. Under the...
  •  

    Q We are a manufacturer with labor-intensive positions. Can we conduct prehire background checks that focus on a potential employee's workers' compensation history? Are there any federal or state concerns to be mindful of? A In recent years, employers have become increasingly concerned about the high costs of workers' comp claims. Although it...
  •  

    In May, the American Psychiatric Association (APA) published the fifth edition of its Diagnostic and Statistical Manual of Mental Disorders (DSM-5). Traditionally, the DSM has been the reference manual of choice for mental health professionals for categorizing various mental illnesses and disorders. So why should HR professionals care? You should...
  •  

    Q One of our employees discovered that he incorrectly coded his overtime, which means he wasn't paid at the proper rate. Now he wants us to go back 10 years to see if he has been paid wrong. Is there a time limit for reimbursing him for mistakes in his pay? A Yes. Generally, a two-year statute of limitations applies to the recovery of back pay....
  •  

    The 6th Circuit recently reaffirmed that employers are required to offer only "reasonable" accommodations to disabled workers. Employers are not required to create new positions, ignore a seniority system, or resurrect a "downsized" position to accommodate a disabled employee. Facts Cathie Kempter worked for Michigan Bell Telephone (MBT) for...
  •  

    Because similar issues may pop up in your workplace, I'm sharing a few questions I've been asked by clients, along with my answers. Q After a workplace accident, an employee was subjected to a drug test and tested positive for cocaine. What am I legally required and allowed to do? A Rhode Island employers must have positive drug tests...
  •  

    The New York City Human Rights Law (NYCHRL) has been amended to require most employers with employees in New York City to provide reasonable accommodations to pregnant employees. The new requirement takes effect January 30, 2014. Amendment's provisions Under the amendment, New York City employers with at least four employees will be required...
  •  

    If you thought reasonable accommodations were tough before, they are going to get tougher. On September 16, the 5th Circuit issued a decision expanding employers' obligations in accommodating the disabilities of employees. Read on. 'I need a parking space' Pauline G. Feist was a lawyer for a governmental agency. She had a disability—...
Syndicate content