Archive for the ‘Disability’ Category

Using Restraint in Your Job – Very Rare but Still Essential

Authored By: Stephen W. Lyman

Sometimes the important things that an employee may be required to do in a job almost never happen. Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility. It doesn’t happen often, but it certainly could. Does the employer have to accommodate a worker who is physically unable to perform a rare job function? A recent court decision answers that question. (more…)

Deaf Lifeguard Has a Case Under the ADA

Authored By: Jennifer H. Gonzalez

A recent federal court opinion highlights the need for employers to evaluate employee requests for reasonable accommodation on an individualized basis – even where, at first glance, an effective accommodation may not be readily apparent. The ADA is, after all, intended to overcome employment decisions based on stereotypes.

A Deaf Applicant Seeks a Lifeguard Job

A 27-year old man who was deaf since birth applied for a lifeguard job at a county wave pool. He had previously received his lifeguard certification following successful completion of the county’s lifeguard training program. He utilized an American Sign Language interpreter during his training to communicate verbal instructions, but the interpreter did not assist him in executing lifesaving tasks. The applicant was unable to speak verbally but communicated using sign language. (more…)

FMLA to Care for Adult Children – A Helpful Interpretation?

Authored By: Jennifer H. Richter

The FMLA requires employers with 50 or more employees to grant up to 12 weeks of leave for, among other things, time off that is needed to care for an adult son or daughter over the age of 18 who is “incapable of self-care because of a disability.” Ever since the Americans with Disabilities Act (“ADA”) was amended back in 2008 to broaden the definition of disability, there has been some question of how the ADA’s definitions affect the FMLA. On January 14, 2013, the U.S. Department of Labor Wage and Hour Division issued an Administrator’s Interpretation clarifying an employee’s entitlement to leave under the FMLA for adult children. (more…)

Do We Have to Give Preference to a Disabled Employee When There is a Vacant Position?

Authored By: Stephen W. Lyman

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.”

A significant change of course on competition for vacant positions as an ADA accommodation

Reversing twelve years of decisions that allowed an employer to pick the best applicant for a vacancy over a disabled employee seeking reasonable accommodation, the Seventh Circuit changed course and sided with the EEOC in a decision handed down on September 7, 2012. We saw this reversal of course coming when we posted our Blog article on May 10, 2012 – “Heads Up – Mandatory Transfer to Vacant Position as ADA Accommodation – Maybe…“ Take a look at that article to see what the law used to be. (more…)

Statistics Tell Us What the EEOC Is Doing These Days

Authored By: Jonathon A. Rabin

The EEOC keeps track of what it’s doing. Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges. (more…)