Rocky Mountain ADA Center offering free Disability Etiquette courses
FOX21News.com
More than 59 million Americans have some kind of disability yet many people are unaware of proper etiquette when it comes to interacting with the disabled community, which happens to be the largest minority group in the country.
The Rocky Mountain ADA Center is hoping to change that by offering two free online courses on disability etiquette.
Leave Policies and The Americans with Disabilities Act
Lexology
The Americans with Disabilities Act (ADA) prohibits employers with 15 or more employees from discriminating against employees who have a disability; it also requires an employer to provide reasonable accommodations to an employee who has a physical or mental impairment that substantially limits one or more major life activities. The Equal Employment Opportunity Commission (EEOC) defines a reasonable accommodation as “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” The EEOC recently issued a publication that specifically referred to granting leave to an employee as a means of providing reasonable accommodation.
It is important to note that granting any kind of reasonable accommodation, including leave, is not required if an employer can show that providing the accommodation would impose an undue hardship on its operations or finances. In addition, employers do not need to grant paid leave beyond what an employer provides as a part of its paid leave policies. However, many employers automatically refuse to grant leave due to internal policies that prohibit it - such as not allowing leave during the first six-months of employment, if the employee has exhausted the number of days normally granted in a year, if the employee has exhausted FMLA leave, or if the employee works less than 30 hours per week. Employers should be aware that even if the granting of leave would not be permitted under internal policies or handbook language, the employer must go through the analysis to see if it would be reasonable to grant the leave to a disabled individual so long as doing so would not create an undue hardship. A failure to do so, when an employee requests leave as an accommodation, might subject the employer to a charge of discrimination against a disabled individual.
Disabled man accuses motel operator of discrimination
The Louisiana Record
A St. John the Baptist Parish man is suing a LaPlace motel operator, alleging it illegally banned the plaintiff from the motel due to his disability.
Wayne Gilmore filed a lawsuit June 20 in U.S. District Court for the Eastern District of Louisiana against Troxie Motel Inc. alleging failure to uphold Americans with Disabilities Act regulations.
How Can People Mock Those With Disabilities?
Lexology
Here’s a case that should sour the milk of human kindness.
A Louisiana telephone operator is suing Goodwill Industries of Southeastern Louisiana Inc. and Goodworks Inc., alleging disability discrimination and retaliation.
She suffers from retinitis pigmentosa, an eye ailment, and she claims, incredibly, that co-workers “made fun” of the size of the print on her computer and her talking clock, and drew pictures of her with “exaggerated eyes.”
She further alleges that she complained to management, which then fired her.
Takeaway: Just because an organization is named Goodwill does not mean that some of its employees act with good will — or legally. EVERY workforce must be properly trained, as well as all managers.
Decades after the enactment of the ADA it is beyond belief that mature adults can mock someone with a disability.
Keven Moore: Accommodating food allergies in the workplace — here are some tips that will help
As awareness of food allergies has improved, so does the demand for employers to accommodate employees with these allergies. The demand is coming not just from employees; but Congress and government agencies have broadened legal protections under the Americans with Disabilities Act (“ADA”) to include food allergies and other dietary issues.
Historically, food allergies did not rise to the level of a disability under the Americans with Disabilities Act. However, the ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability” greatly enlarging the definition and making it easier for an employee to show that a food allergy condition is disabling within the meaning of the ADA.
These amendments made it harder for the employer to argue that allergies are not disabling, even if symptoms only flare up when exposed to certain foods.
The Equal Employment Opportunity Commission has now taken the position that allergies which produce life-threatening reactions are per se substantially limiting under the ADAAA and several EEOC disability lawsuits have since ensued.
As a general rule, once an employee ascertains that he or she suffers from a disability under the ADAAA, the employer is compelled to engage in an “interactive process” with the employee to discuss whether there is a reasonable accommodation that would permit the employee to perform the essential functions of his or her position.
Deaf people encounter troubles with medical care
Sacramento Bee
The complaints come more than 25 years after enactment of the federal Americans with Disabilities Act, or ADA, requiring public and commercial entities – including doctor’s offices and hospitals – to provide equal access and “effective communication” to those who have vision, speech or hearing impairment.
Aside from sign-language interpreters for the deaf, assistance can include “auxiliary aids and services” such as closed-caption devices, text telephones and video-conferencing tools that link up with off-site interpreters, according to a 2010 update by the U.S. Department of Justice. There is no cost to the patient but providing such help should not place an “undue” financial burden on businesses or public agencies, the ADA notes.
Although the complaints and settlements aren’t numerous, they attest to the difficulties deaf patients can face in medical settings. Patients who read lips can be stymied when doctors or medical personnel wear surgical masks, have obscuring facial hair or speak with foreign accents that make it difficult to distinguish English words. In some cases, doctors may be untrained in how to communicate with hard-of-hearing patients, unsure of what the law requires or unaware of the extent of a patient’s hearing loss.
Management headaches: Q&A on declining performance, work hours, job postings
Denver Business Journal
Question: One of our employees has always been a bright, happy, helpful individual who goes beyond the call of duty.
However, over the past few months, her attitude has changed significantly. She seems depressed and suddenly behaves as though it’s a chore for her to do even her basic job duties. We’re frustrated that we can’t seem to motivate her, and we miss her previous sunny disposition.
We’ve addressed her declining performance, but we’re also concerned. If the situation continues, can we require her to get medical help?
Answer: Addressing any performance problems the employee may have (holding her to the same standards as any other employee) is a good start. In those conversations, be sure to listen for any indication that the employee has a medical condition that is contributing to her performance issues.
If she indicates that is the case, you should engage in the interactive process under the Americans with Disabilities Act (ADA) to see if a change in the structure of her job or the way it is performed could help her meet expectations.
If the employee doesn’t mention a medical condition, you should tread carefully with suggesting she seek medical care. Under the ADA, unless you have a reasonable belief (based on objective evidence) that the employee cannot perform the essential functions of her job because of a medical condition, you may not require her to undergo a medical exam.