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Our editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.

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How do we accommodate an employee with fibromyalgia and undiagnosed autism?

An employee states she has a disability (fibromyalgia) and undiagnosed autism. She says this makes it hard for her to process thoughts, which makes her slower at reading notes on the computer, processing client requests, answering phones as quickly as others and the ability to multitask. She has never provided any reasonable accommodation information from her doctor.

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No, you can’t deny accommodation over aesthetics

Can a perceived customer preference for non-disabled front-of-house workers make being able to stand and walk without a limp an essential function of the job? One employer found out when it ended up paying $100,000 for turning down a request for a stool.

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Supreme Court rules ADA does not apply to former employees

In a mixed decision that may invite other cases, the U.S. Supreme Court ruled that a retired disabled individual could not sue her former employer over an alleged discriminatory policy change that cut her retiree health benefit.

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ADA: Make new-hire training accessible, too

The ADA requires employers to provide help to disabled applicants at every stage of the employment relationship if that assistance is reasonable, allows disabled workers to enjoy all the benefits other workers receive and provides the help they need to perform the essential functions of their jobs despite a disability. That includes adapting job training so disabled employees can learn how to perform their jobs.

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Painful periods? That’s no reason not to hire

The EEOC takes discrimination against women because of their unique reproductive characteristics seriously, as a recent lawsuit settlement shows.

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Why employers must move fast during accommodation process

The ADA doesn’t set a time limit for the reasonable accommodations process, but assumes that everybody will act in good faith. So when the process takes too long, the employee can sue, alleging failure to accommodate.

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Late paperwork subject to reasonable accommodation

Generally, when an employee doesn’t return medical certification paperwork required to begin FMLA leave within 15 days, employers can deny the leave request. But there are circumstances under which the employee may have more time.

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Endless time off? Indefinite leave not considered a reasonable accommodation

Under the ADA, workers with disabilities who aren’t yet eligible for leave or who have used up their accrued leave and FMLA entitlement may be able to take more time off as a reasonable accommodation. However, there is no ADA right to indefinite leave.

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The latest cost of failing to accommodate employee’s religion: $13 million

The Supreme Court’s 2023 decision in Groff v. DeJoy made it much harder for employers to justify denying an employee’s request for religious accommodations. Since then, most refusal-to-vaccinate lawsuits have been settled in favor of employees.

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Watch out for dress codes that could trigger ADA lawsuits

Enforce your dress and grooming code too rigidly and you could find yourself on the losing end of a failure-to-accommodate lawsuit. Here’s a case showing that common medical problems may require employers to bend their dress-code rules to accommodate employee disabilities.

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