Category: Disability Discrimination

Are Employers Required to Make Commuting Accommodations under the Americans with Disabilities Act?

The answer to this question is unclear, and federal courts continue to disagree. The Americans with Disabilities Act (“ADA”) requires employers to provide reasonable accommodations to employees with disabilities, so long as the accommodations do not create an undue burden for the employer or pose safety risks.  In analyzing accommodation claims, courts must address each of these inquiries.    A longstanding...

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As States Reopen, Can Employees Refuse to Return to Work Based on Fear of Exposure to COVID-19?

As many states progress through different phases of reopening, companies are preparing for their employees to return to work. Employers are also noting, however, that some states are seeing COVID-19 cases surge.  This has generated some concerns from employees who do not want to return to the work place. Can employers require employees to return to work if the employees...

Question #274: Opining on Obesity

Question: We have a large meat processing facility in Northern Minnesota. We were recently hiring for one of our positions in the plant requiring work with large mechanical equipment. Because we consider this position to be safety sensitive, we require candidates for this position to pass a medical examination prior to hire. One of the candidates for the open position...

Quirky Question #271: We’ve Got a Worried Waiter

Question: We recently interviewed a candidate for a server position at our restaurant. During the interview, he informed us that he has an anxiety disorder, which causes him to have panic attacks out of the blue. Do we have to hire him? What if he had a panic attack in the middle of serving a customer?

Quirky Question #270: A Win for Wellness Plans

Quirky Question #270: A Win for Wellness Plans

Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program.  Can we require employees to complete a health risk assessment which requests personal medical information before they are eligible to participate in the health plan?  I’ve heard that asking for employee medical information, even if it’s pursuant to a wellness program,...

Quirky Question #267: An Equine Accommodation?

Question: Our employee regularly uses a service dog in our office, which helps him with stability and maintaining balance around the office, which can be challenging for him due to several medical conditions he has. However, yesterday he came in and said he would like to use a miniature horse as a service animal instead of the dog, because it...

Quirky Question #261, When will our employee return?

Question: We’re a large company with offices in many locations, including in California, Minnesota, Washington and New York City.  We often have disabled employees provide doctors’ notes that say they are unable to work, but that do not provide an expected date the employee will be cleared medically to return.  When we ask these individuals for a return date, they...

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

Question: I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA.  I wanted to say no but my co-worker here in HR says I have to grant the extra time off.  Who is right?