This past week has been hot and humid here in the Northeast, so I parked my almost pristine 10-year- old car in my driveway, under the shade of a giant oak tree. I hardly ever park there on a sunny day, choosing instead to park some...
Blog
Reasonable Accommodation: The Journey Toward Compliance
By definition, a permanent state of compliance within the law of reasonable accommodation (RA) is a myth: RA is a daily journey. For the employee or applicant using the accommodation, a state of ability, rather than disability, is the...
Reasonable Accommodation:3 Liabilities (And How to Avoid Them)
A chilling wind continues to blow through assisted living and skilled nursing facilities across the land. Settlements or suits involving Brookdale Senior Living Communities, Inc. and Baywood Home Care provide examples of the same errors...
Are You Making These 4 Reasonable Accommodation Mistakes?
Imagine your company has 211 operating locations across the United States and each location is staffed by at least 10 front line supervisors. These 2,000+ supervisors have the opportunity each day to unknowingly create a 4-year-long...
Reasonable Accommodation: Where Do I Start?
On April 22nd at the DMEC conference in Washington, D.C. Amber Cheek, JD, Disability Inclusion and ADA Compliance Manager at the University of Missouri, and I gave a presentation titled “Anatomy of an EEOC Charge: An Insider’s View.” After my...
Reasonable Accommodation in FMLA vs ADA Title I
I attended the DMEC FMLA/ADAAA Employer Compliance Conference in Washington, D.C. at the end of April. Following are my reflections on the general buzz throughout the conference and my private conversation with a defense attorney. “Leave as an...
Accommodating What You Can’t See: Reasonable Accommodation for “Invisible Disabilities”
Our May 2015 webinar titled Accommodating What You Can’t See: Accommodations for “Invisible Disabilities” is presented by Amber Cheek, J.D., of the University of Missouri. In this blog post I give you a peek at the five best practice tips and the real-life examples...
The Case of the Zumba Instructor: Employment Testing, Essential Function, Workers Compensation
On the second Wednesday of each month, at 2:00 p.m. eastern time, we broadcast a webinar on a topic related to Title I of the ADA. This blog post is based on a question from the audience: Q: I am interested in your thoughts. While a hospital was interviewing a Zumba...
ADA Title 1 – Q & A with Roy Matheson
On the second Wednesday of each month, at 2:00 p.m. eastern, we broadcast a webinar on a topic related to Title I of the ADA. This blog post is based on questions from the audience: “Can the employee tell the employer what they want as an accommodation?” The spirit...
Recognizing a Request for Reasonable Accommodation
One of the first three steps in establishing a responsive reasonable accommodation process is to train front line supervisors and managers to recognize that an employee is making a valid accommodation request. The company’s legal responsibility, and ability to...