In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.
We know that the ADA Amendments Act of 2008 (ADAAA) substantially altered the landscape for review of claims asserting a disability. But, are employees still required to show some sort of disorder or impairment to state a claim?
The Americans with Disabilities Act (ADA) includes within its definition of “discriminate,” an employer’s failure to provide a reasonable accommodation to a qualified individual with a disability. But, is a failure to accommodate standing alone — absent an adverse employment action — enough to establish an ADA failure-to-accommodate claim?
Bright (or Blurred) Lines for Medical Information By Roberta Etcheverry, CPDM CEO Diversified Management Group When considering reasonable accommodations for employees with disabilities, the core issue is assessing how the … Read More
FMLA Leave for Chronic Conditions Requires Ongoing Care Employers often assume an employee is receiving medical care and seldom review the frequency of physician visits when granting Family and Medical … Read More
In Easter v. Arkansas Children’s Hospital, an employee was unable to work after exhausting her FMLA leave but she had an appointment to be evaluated by a specialist less than a month later. The employer denied the additional leave and terminated her employment. The Court held there was no violation of the ADA.
September 2018 Americans with Disabilities Act The Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act (ADAAA) of 2008 established a new work environment, enabling more persons … Read More
2017 Leave Management Survey: Responses to Expanding Compliance Mandates The 2017 DMEC Employer Leave Management Survey white paper, available to members on the DMEC website, provides a deep review of … Read More
Filling in the Gaps with Leave Management Technology By Angie Brown Business Development Manager ClaimVantage Technology does not eliminate human error, but it can erect barriers to our impulses to … Read More
Building Your Foundation: The ADA and Job Descriptions By Margaret Walsh, MS, CRC, CDMS, CCM RTW Consultant The Hartford Almost a decade has passed since the Americans with Disabilities Act … Read More
Make RTW and Stay-at-Work Support the Cornerstone of Your ADAAA Strategy By Brian Kost, MA Sr. Director Workplace Possibilities The Standard Litigation against employers filed under the Americans with Disabilities … Read More
The ADA and RTW: Success Through Partnership By Glenn Pransky, MD Scientific Advisor Lincoln Financial Group By Paula Aznavoorian-Barry Accommodation Services Manager Lincoln Financial Group The Americans with Disabilities Act … Read More
Insightful Strategies for Managing and Accommodating an Aging Workforce By Bryon Bass SVP, Disability and Absence Practice & Compliance Sedgwick Advances in public health and medicine are enabling Americans to … Read More
What Is a “Reasonable” Accommodation? By Roberta Etcheverry, CPDM CEO Diversified Management Group When employers consider accommodations for disabled employees, their first question for us is usually “what is and … Read More
Workflow for the ADA Interactive Process By Geoffrey Simpson Director of Sales & Marketing Presagia Understanding how to accommodate employees properly under the Americans with Disabilities Act (ADA) and the … Read More
Handling Accommodation Requests: Respond, Interact, Manage & Document By Terri L. Rhodes, CLMS, CCMP, CPDM, MBA CEO DMEC Welcome to Autumn! The temperatures are cooling, kids are back in school, … Read More
Title VII Family Responsibility Discrimination By Marti Cardi, JD VP Product Compliance Matrix Absence Management Title VII of the Civil Rights Act of 1964 provides employment protections against discrimination on … Read More
Psychological Disabilities, the ADA, and the Stressed-Out Worker: Part 1 By Rachel Shaw, JD CEO and Principal Shaw HR Consulting Work is stressful, but how do you know if mental … Read More
Mental Health and the Disability Mindset: How Employers Can Help Prevent the Spiral By Daniel Jolivet, PhD Behavioral Health Director The Standard If you looked online on Oct. 10, 2017, … Read More
March 2018 Employment Practices Compliance With the patchwork of federal, state, and local laws in place in the United States, compliance for employers remains challenging, but not impossible. This issue … Read More