Allowing an Employee to Work a Shorter Shift May Be a Reasonable Accommodation
The National Law Review
A recent federal district court decision is a good reminder that an employer needs to explore all options before denying an accommodation request, including whether it can go back to an employment practice it has changed and applied to all similarly situated employees. The recent case involved a nurse at a hospital with a brain tumor. For years, she worked eight-hour shifts, which were consistent with her medical needs. Over a period of time, according to the hospital but disputed by the employee, the hospital changed its shift practices and required all affected employees to work 12-hour shifts.
FMLA and ADA interplay part III: Eligibility
Compensation.BLR.com
This article series examines similarities and differences between the FMLA and the ADA so that you can stay in compliance when both laws apply. Here, we compare what employees are eligible for coverage under each law. Our previous articles, here and here, compare other aspects of the 2 laws.
Pre-Offer Drug Tests Were Not Impermissible Medical Examinations Under The ADA, Court Holds
The National Law Review
Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. EEOC v. Grane Healthcare Co. et ano, CV No. 3:10-250 (W.D. Pa. Sept. 15, 2015).
Longtime employee sues Sikorsky for discrimination
Westfair Online
James Cadoret, a deaf employee who is considered disabled under federal antidiscrimination laws, was demoted after repeated requests for accommodations, according to a lawsuit filed in the U.S. District Court, District of Connecticut against Sikorsky Aircraft Corp.
Macomb County swim club settles disability act dispute
The Detroit News
A Macomb County swim club has reached a settlement with the U.S. Attorney’s Office after allegations that it violated the Americans with Disabilities Act by not tweaking its policy to accommodate a disabled swimmer, and then retaliating against her and relatives, officials announced Friday.
According to the complaint, the Lakers Aquatic Club of Harrison Township and St. Clair Shores suspended the family and the swimmer — who has autism — for requesting a modification so she could continue to participate in its activities, the U.S. Attorney’s Office said in a statement.
The club offers training and practice groups for swimmers “of all ages and ability levels,” according to its website.
The Americans With Disabilities Act requires swim clubs and other places of public accommodation to make reasonable modifications in their policies for the disabled. It also prohibits retaliation against those who exercise their rights under the act.
Under the agreement, the swim club is expected to adopt a disability nondiscrimination policy that includes “procedures for promptly handling requests to reasonably modify club policies for individuals with disabilities, along with a statement that the club will not retaliate against individuals who exercise their rights under the ADA,” the U.S. Attorney’s Office said Friday. The club’s board and staff members also will be trained on their obligations under the act, and the disabled swimmer’s family in the complaint is receiving a refund for the time they were suspended.
“Like all children, children with disabilities enjoy the social and physical benefits of participating in swim clubs and other athletic activities. Clubs should be aware of their obligation under the ADA to make reasonable modifications in their policies to allow children with disabilities to participate, and should ensure that children and their families don’t have to fear retaliation from the club for requesting modifications,” U.S. Attorney Barbara McQuade said in a statement. “The new policies that the Lakers Aquatic Club has agreed to adopt are a meaningful step forward in ensuring that individuals with disabilities will be able to participate in club activities in the future.”
Clinic pays damages to nurse fired during cancer treatment
Sacramento Bee
Nationwide health care provider Dialysis Clinic Inc. will pay $190,000 in damages to a longtime nurse for allegedly firing and then refusing to rehire her when she needed more medical leave to complete treatment for breast cancer.
County under review for disability compliance
IllinoisHomePage.net
The next scheduled elections in the state aren't until March, but the county clerk is working to make sure that, when doors open to polling places, they're welcoming to everyone.
They've been checking polling places to make sure they're handicapped-accessible. The Department of Justice randomly selected Champaign County for an Americans with Disabilities Act Compliance Review.
It's not your disability- you're just not a good fit for the job
Lexology
The 9th Circuit, in Mayo v. PCC Structurals, Inc, recently issued an employer victory involving facts that seem more like television than real life. The story goes like this:
An employee was diagnosed with a major depressive disorder in 1999, but was able to properly perform his job with the help of medication and counseling. Everything was fine at work until 2010, when the employee began to feel that his supervisor was bullying him. The employee told co-workers that he wanted to kill his boss, specifying that he was going to bring a shotgun to work and blow his supervisor’s head off.
The employee’s co-workers did the right thing and reported these statements to HR. When asked about the threats, the employee said that he could not be sure that he wouldn’t attempt to carry out the shooting in the future. The police were called, the employee was taken into custody for six days, and then spent two months on Family Medical Leave Act (FMLA) leave. The employee was then cleared to return to work and his therapist recommended that he be assigned to a different supervisor. (I’m sure the feeling was mutual!) Following his return from FMLA, he was fired.
We all know what happens next. The employee brought an Americans with Disabilities Act claim, arguing that his threats were the direct result of his major depressive disorder and that his employer failed to accommodate him by allowing him to be placed under a different supervisor. The employee’s claim failed, however, for a major reason: he was unable to show that he could perform the essential functions of his job with or without a reasonable accommodation and was therefore not a “qualified individual” under the ADA. The 9th Circuit affirmed the lower court’s ruling, stating, “An essential function of almost every job is the ability to appropriately handle stress and interact with others.”
Death threats against your supervisor because you’re feeling bullied? Not going to cut it.
The Court also noted that even when threatening comments can be attributed to a disability, like a depressive disorder, the employee’s inability to handle stress and interact with others renders him unable to perform the essential functions of the job. Therefore, in an extreme case like this, there may be no viable claim under the ADA. The 9th Circuit’s ruling in the Mayo case is in-line with several other circuits which have held that an employer cannot be forced to choose between accommodating a disability and creating an unsafe work environment for the rest of its employees. However, employers should note that the 9th Circuit’s ruling does not mean that all forms of misconduct fall outside of ADA protection. This decision applies to misconduct that takes the form of violence, such as the expression of homicide or similar acts at the work place. A rude or unpleasant employee whose behavior can be attributed to a mental disability may still be deemed a “qualified individual” under the ADA, requiring the employer to engage in the interactive process and offer reasonable accommodation.
East Village restaurant sued over wheelchair access
DesMoinesRegister.com
The owner of East Village hotspot Tacopocalypse has failed after more than a year to make the restaurant's front doors wheelchair-accessible, despite claims that he would do so, according to a lawsuit filed Friday.
A lawyer for Disability Rights Iowa filed the federal lawsuit against Tacopocalypse claiming the two doors letting customers in have steps without ramps for wheelchairs, a violation of the Americans with Disabilities Act.
Students who are blind face greater social challenges on campus
USA TODAY College
We live in a visual world.
If someone continually checks their watch, it’s safe to assume they’re probably pressed for time. If they’re staring at you at a party, they may want to strike up a conversation.
According to a renowned 1971 study by Albert Mehrabian, now-professor emeritus of pscychology at the University of California-Los Angeles, nonverbal interactions like these comprise about 90% of our communication with others. Eye contact, Mehrabian found, is a universal language of social interactions we can all understand — that is, unless you can’t see.
[Not So] Accessible On-board Lavatories – Flying Disabled
Airline Reporter