Library Search
-
The ADA Does Not Protect Persons With Bipolar Disorder in the Fourth Circuit ( January 2008 )
After twenty one years of loyal work for Verizon, in 1999 Fran Darcangelo’s employer did what few other companies on the current corporate landscape today would dare do: they fired her. The reason so few companies would attempt to remove her today is because of American big business’ “Fear of Firing,” as reported in a BusinessWeek cover story : Fear Of Firing :How the threat of litigation is making companies skittish about axing problem workers (April 23, 2007). -
Lex Mentis - My Disability Made Me Do It! ( January 2004 )
More and more employees are attempting to invoke the Americans with Disabilities Act (ADA) in an attempt to characterize workplace misconduct as disease. As a result, the notion that an employer may fire an employee for not showing up, or even for stealing, may soon become outdated. -
Employers Hiring Temp Workers Need New Contract Provisions ( September 2001 )
On December 22, 2000, the Equal Employment Opportunity Commission (EEOC) issued a guidance that explains when temporary worker agencies and their company clients are responsible for providing reasonable accommodations to disabled workers. This likely will require agencies and employers to consider new forms of contracts and make negotiations between the two more difficult. The guidance makes clear that the temp agency and employer must make efforts to provide reasonable accommodation to disabled workers. -
Reassigning Disabled Employees ( December 2001 )
State and federal courts remain split over whether the Americans with Disabilities Act (ADA) requires employees to offer disabled workers light duty or alternative jobs to satisfy their employers) ADA duty of "reasonable accommodation." One issue that has arisen: Are ADA remedies limited to accommodating disabled workers in the jobs for which the employees were hired? Companies sometimes seek to limit job reassigning because of its disruption on job placement managing. -
When Employees Pose a Safety Danger to Themselves or Co-Workers ( November 2004 )
Can an employer refuse to hire an applicant because his/her performance on the job would endanger his own health (or others) due to a disability? In a major ADA case, the U.S. Supreme Court says, “yes.” -
Reasonable Accomodation and the ADA - Courts Draw the Line ( September 2004 )
The Americans with Disabilities Act (ADA) was enacted into federal law on July 26, 1990. Different sections of the ADA went into effect at different times in 1992. Since then, more than 40,000 complaints have been filed with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcement. Although the ADA addresses discrimination in employment, public services and accommodations, transportation, and other areas, the vast majority of claims involve discrimination in employment. -
Be Careful What You Ask For: New Traps for the Unwary in Managing Absenteeism and Leaves of Absence Under the ADA ( November 2003 )
One of the many prohibitions against discrimination on the basis of disability in employment imposed by the Americans with Disabilities Act is its limits upon an employer's ability to inquire about medical information relating to applicants and employees. A recent decision by the Second Circuit Court of Appeals creates new complications for the management of employee absenteeism and leaves of absence. -
Last Chance Agreements-Where a Good Deed May Go Unpunished ( November 2003 )
Here is a scenario that may be familiar to you. Your Senior Vice President in charge of sales comes into your office and asks for your assistance with a difficult problem she is having. One of her best salespeople, who has been with the company for almost 20 years and consistently is one of your best rainmakers, has been seriously underperforming the last six months or so. Specifically, he has missed meetings, called in sick more often than usual—in particular on Mondays—and has been irritable and rude to employees and clients. The final straw, however, was at a meeting the previous day in which he was acting so erratically and unprofessionally that the client had to ask him to leave its premises. The employee also was visibly intoxicated.
Ads by FindLaw