Articles and Blogs

ADA

Reasonable Accommodation – Just Assign Wheelchair Transport Duties to an Orderly?

[10/29/14]

Posted on October 29, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Was Job Restructuring Reasonable?  The Jury Will Decide A hairdresser at a nursing home quit her job following surgery when her boss failed to consider assigning her duties of transporting wheelchair bound residents to the beauty salon to orderlies.  She filed an ADA suit claiming a failure to reasonably accommodate her disability.  The nursing... READ MORE

Tags: , , ,

Pregnancy Discrimination – EEOC Issues Important Enforcement Guidance

[07/15/14]

Posted on July 15, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

The Equal Employment Opportunity Commission on July 14, 2014 issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with Questions and Answers about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since 1983. This... READ MORE

Tags: , , ,

How Do I Decide if a Request for a Leave of Absence Is a Reasonable Accommodation or Undue Hardship?

[03/03/14]

Posted on March 3, 2014 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

Tags: , , , ,

Is Indefinite Leave a Reasonable Accommodation?

[01/22/14]

Posted on January 22, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

“Sicker than a Dog” Under the ADA, an employer is required to “reasonably accommodate” a “qualified individual with a disability.”  In this recent case, the court had occasion to consider whether an open-ended request for leave was “reasonable” when it was made by an employee who claimed to be “sicker than a dog” and... READ MORE

Tags: , , , , ,

Sleeping on the Job – Employer Gets a Wake-Up Call

[01/16/14]

Posted on January 16, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

An employee who is caught sleeping on the job will usually end up getting fired. Indeed, this is what happened when a night shift employee was caught sleeping numerous times. The employee was given progressive warnings, including a final warning, before getting caught the last time and was fired. This seems pretty straightforward; however,... READ MORE

Tags: , , , , ,

“Just Push Through It” – Comment by Boss Discourages FMLA?

[09/12/13]

Posted on September 12, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Sports Analogy Can Have Multiple Meanings In sports, a coach will sometimes tell a player to just “walk it off” or “push through” the pain when a minor injury happens in a game or in practice.  One Florida insurance company found out that the world of sports and the world of employment are not... READ MORE

Tags: , , , , , ,

“No-Return” Policy Applied to Alcoholics Violates ADA

[08/29/13]

Posted on August 29, 2013 in HR Insights for Health Care

Written by: Larry R. Jensen

While alcoholism has long been considered an impairment, plaintiffs have had limited success establishing that alcoholism is a protected disability under the Americans with Disabilities Act (“ADA”). However, the Americans with Disabilities Amendments Act (“ADAAA”) significantly expanded the number of protected individuals under the Act. Instead of focusing on whether an individual qualifies as... READ MORE

Tags: ,

ADAAA Watch

[08/22/13]

Posted on August 22, 2013 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

When the Americans with Disabilities Act Amendments Act (“ADAAA”) was implemented and the revised regulations took effect, employers began bracing for changes. We have actively monitored the much-publicized multi-million dollar settlements relating to disability claims and predicted that employee-friendly judicial decisions would follow suit. Yet, with the backlog of pre-ADAAA cases still working their... READ MORE

Tags:

Medical Leave Up? Ask for More Says the EEOC

[05/21/13]

Posted on May 21, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Your Leave Is Up – Sorry but You’re Fired Many employers have medical leave policies.  Most of those policies allow leave for a maximum duration often three to six months or even up to a year.  The FMLA, of course, guarantees job protection for 12 weeks.  But what is an employer to do if... READ MORE

Tags: , , , , , ,

Sharing the Load: Seventh Circuit Says Employee’s Proposed Lifting Accommodation Is “Unreasonable”

[05/13/13]

Posted on May 13, 2013 in HR Insights for Health Care

Written by: Meek, Travis P.

Earlier this year, we told you about a recent case from Kentucky in which a federal court found that it was not reasonable for a plaintiff to expect his employer to accommodate his lifting restrictions by spreading essential lifting requirements among the plaintiff’s co-workers. READ MORE

Tags: ,