Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to an employee with a disability, so long as the accommodation is reasonable and does not impose an undue hardship upon the employer’s...more
Employers are understandably reluctant to allow employees with medical restrictions to resume working. A concern that returning the employee to work risks worsening their condition causes some employers to require a “complete...more
A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more
Recently, the 10th Circuit Court of Appeals reached a decision that significantly expands employers’ potential liability for disability lawsuits.
The Americans with Disabilities Act requires employers to reasonably...more
Suppose you have an applicant or employee who is currently healthy, but you are concerned they may develop an impairment or condition in the future. Can an employer make any decisions based upon that concern without violating...more
An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to qualified individuals with a disability, unless doing so would trigger significant operational difficulties and/or expenses...more
The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent...more
When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as...more
7/15/2017
/ Americans with Disabilities Act (ADA) ,
Disability Discrimination ,
Essential Functions ,
Hiring & Firing ,
Job Offers ,
Jury Trial ,
Medical Examinations ,
Past Performance ,
Reasonable Accommodation ,
Temporary Employees ,
Withdrawal
Although the Army Ammunition Depot is located in McAlester, it was a Muskogee federal court that upheld an employer’s right to require adequate medical support before granting an employee’s request their job be modified on...more
When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must...more
The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position....more