ADA in the News: February 2, 2015

What California employers need to know about accommodating mental disabilities

HR.BLR.com

Your legal obligations for accommodating mental disabilities are similar to those for accommodating physical disabilities. However, unlike a broken leg or pregnancy, mental disabilities often aren't readily observable. Employees often are sensitive about mental disabilities, and accommodating them can be particularly challenging for employers.

Disability discrimination: Kansas jury awards nearly $1 million to cop who slept on the job

HR.BLR.com

Employers often want to be thorough in listing all the disciplinary issues that led to an employee’s termination. Generally speaking, that’s a good practice, but it’s important to think critically about each issue identified in personnel documents.

If any of those issues was caused or affected by a medical condition that may qualify as a disability under the Americans with Disabilities Act (ADA), give extra care when considering whether referring to it in your disciplinary paperwork might suggest to the employee (or a jury) that you had a discriminatory motive.

Michaels had no further incidents of sleeping on the job once he received his diagnosis and treatment for sleep apnea in 2010. There was no reason to include a 2-year-old fully resolved issue in his termination paperwork. It appears the city had good reasons to fire him. But its reference to his sleeping on the job gave the jury a basis for believing the city was terminating him for an illegal reason, and that resulted in a significant verdict in the employee’s favor.

Legislators approve $3.6 million grant in Vinal Tech

Middletown Press

Funds, earmarked at $3,627,740, were approved at the meeting of the State Bond Commission and will allow for various infrastructure improvements and Americans with Disabilities Act-compliant renovations.

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