Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
Joint Document by the Departments of Justice and Education
Deciding Whether to Disclose Mental Disorders at Work
New York Times
Care for parent leads to firing
JD Supra (press release)
Can an employer terminate an employee out of a belief that the employee is too distracted from his job duties due to caring for a relative with a disability? That was the issue in the recent case, Kourimihelakis v. Hartford Fire Ins. Co., 30 AD Cases 1349 (D. Conn. 2014). “Associational discrimination” is seldom alleged by plaintiffs suing for disability discrimination under the Americans with Disabilities Act (ADA). The “distraction” theory of associational discrimination is even rarer. Yet, in this case, an employee who was occasionally late to work due to caring for his ailing father successfully pursued a distraction claim for associational discrimination.
A $128k lesson in why employers need to accommodate disabled worker
Hr Morning
An Arkansas car dealership is on the hook for more than $128k after it failed to accommodate a sales manager who returned to work after spine surgery.
Randall Ford in Fort Smith will pay $128,750 as part of the settlement of a disability discrimination lawsuit filed by the EEOC. The details of the case, according to a recent post on the Automotive News website:
Randall hired Doyle Martin as a used-car manager in March 2011. A little more than year later, he took medical leave to have surgery to remove a mass on his lower spine.
When he returned to work, he had trouble walking and standing. He needed a walker to maintain his balance and mobility.
Martin suggested he use a golf cart to travel long distances across the dealership and requested assistance when test driving trade-ins to assess their value, court documents said.
But the dealership refused to grant him the accommodations he sought, and instead fired a few days later. He hasn’t been able to find another job since he was let go, the EEOC said.
In addition to requiring the company to pay $128,750 in damages and back pay to the former manager, the consent decree resolving the case mandates that Randall Ford revise its ADA policy to provide a clear avenue for employees to request a reasonable accommodation. Additionally, Randall Ford will distribute its revised policy to all employees, post notice of this resolution, and provide disability training to all of its employees.
Sara Boyns, Workplace Law: ADHD and the cantankerous worker
Monterey County Herald
Q: One of my employees is difficult to get along with. I've talked to her repeatedly about being nicer to her co-workers and working cooperatively, and she generally does her job well. I just gave her a poor performance evaluation based on her inability to get along with others, and she told me she has ADHD. Is this a disability, and do I have to excuse her difficult behavior?
To Keep or Not Keep Your Employees Safe in the Face of Ebola: Is That Even a Question?
JD Supra
For employers, dealing with the Ebola "crisis" is not as theoretical as it has been made out to be. There are already a number of laws, regulations, and guidance in place to help pave the path for employers. This country has faced other situations from which we can glean insight, such as the SARS virus, MERS virus, H1N1 flu, HIV, and the bird flu. However, complying with every law implicated by Ebola can create possible conflicts that need to be identified and managed. Fortunately, in a place where there have been only a handful of confirmed cases of Ebola, and only three of them originating in this country, most employers are not likely to see a situation where they must choose which law to follow. Nevertheless, if employers panic and act without thinking (or without consulting legal counsel), they can find themselves down a path filled with legal risks.
Global Employers: How Are You Managing Workplace Concerns About Ebola?
JD Supra (press release)
While the world moves quickly to contain the Ebola virus, businesses across the globe are scrambling to figure out how best to manage workplace concerns and protect their employees. But as employers develop their Ebola response strategies, they should also be mindful of employee privacy, anti-discrimination, and other employment laws and regulations.