Category: Disabilities

4801
Posted in Disabilities

Can Employees Sue for Unwanted Birthday Parties?

In Kentucky, a former employee was recently awarded $450,000 after an unwanted birthday party. HR professionals across the country have been clicking on these headlines…

4740
Posted in Benefits Disabilities

Lower Base Period Wages Can Affect Expected Disability Benefits

A fairly new employee is out on a medical leave and receiving state disability insurance, but the weekly benefit she’s getting is far less than…

4329
Posted in Disabilities Termination Time Off

Things to Consider When Deciding on Disability Leave Extension

We have an employee who has been out on disability for almost a year, but we can’t let him go because he’s on disability. What…

5407
Posted in COVID-19 (Coronavirus) Disabilities

Understanding Religious Accommodations for Mandatory Vaccination Policies

COVID-19 vaccines continue dominating the news as the U.S. Food and Drug Administration (FDA) has now provided full approval of the Pfizer-BioNTech COVID-19 vaccine for…

5202
Posted in Disabilities

Interactive Process Key to Accommodating Employee with Disability

We have a new hire who, after being hired, disclosed a physical disability. She indicated that we need to accommodate her, and I have since…

3801
Posted in COVID-19 (Coronavirus) Disabilities

“Long COVID-19” May Be a Disability Under the ADA

On the recent anniversary of the federal Americans with Disabilities Act (ADA), the Biden-Harris administration released resources supporting individuals experiencing long-term COVID-19 symptoms, sometimes called…

5328
Posted in COVID-19 (Coronavirus) Disabilities Discrimination Workplace Safety

COVID-19 Vaccine Guidance Released

On March 4, 2021, the California Department of Fair Employment and Housing (DFEH) updated its COVID-19 guidance, addressing several vaccination-related questions. The updated guidance replaces…

4704
Posted in Disabilities Discrimination

If 65+ Employee Falters, Focus on Job Performance, Not Age

We have an employee who is over the age of 65 and has worked for us for several years, but recently his cognitive skills appear…

4562
Posted in Disabilities

Allergy Claim Triggers Need for Interactive Evaluation of Options

We have an employee who is claiming she’s allergic to various things in the office, but quite honestly, she has been trying to work from…

An employer may restore all the employee’s essential duties after the immediate crisis has passed, and then evaluate requests for accommodations under the usual ADA rules.
6090
Posted in COVID-19 (Coronavirus) Disabilities

Telework During Pandemic Could Affect Future Remote Work Requests

If an employer allows employees to telework during the COVID-19 pandemic, will the employer have to allow them to continue teleworking after the California shelter-in-place…