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Home | Disabilities (ADA)

Disabilities (ADA)

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Online Exclusive: Sample California Interactive Process Questionnaire
February 2010
Both state and federal laws require employers to engage in an interactive process with disabled employees who require workplace accommodations to determine the available and most appropriate accommodations. A sample questionnaire--that complies with both California law and the recent amendments to the Americans with Disabilities Act--follows. It should be completed by the employee's treating physician or other healthcare professional to assist both the employer and the employee in the interactive process. . . . more

Disability: Employee's Reasonable Accommodation Claim Fails; When You Do—and Don't—Need to Engage in the 'Interactive Process'
February 2010
Under the federal Americans with Disabilities Act (ADA) and California law, employers are required to engage in an "interactive process" with disabled employees who need accommodation to determine which accommodations are both feasible for the employer and helpful to the employee. The Ninth Circuit Court of Appeals, which covers California, recently found that employers must engage in the interactive process only with employees who are legally disabled. To avoid potential liability, though, employers should continue to take this important obligation seriously. . . . more

News Note: Independent Contractors of Federal Employers Covered by Disability Bias Law
February 2010
In general, state and federal bias laws apply only to "employees." But the Ninth Circuit Court of Appeals, which covers California, recently ruled that, under the federal Rehabilitation Act, both employees and independent contractors . . . more

Disability: Employers Must Ensure Accommodations Are Provided Consistently; One Employer's Costly Mistake
January 2010
Both California and federal law require employers to accommodate disabled employees, unless doing so would be an unreasonable burden on the employer's business. Reasonable accommodations include modifications to employee duties and work spaces, modified . . . more

Bulletin: EEOC releases new version of poster
December 2009
The federal Equal Employment Opportunity Commission (EEOC) has revised its "Equal Employment Opportunity is the Law" poster, which employers are required to post . . . more

Disability: Employers Cannot Require Medical Exams for Employees Returning from Disability Leave; What You Can Do
December 2009
Under both the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), employers cannot require employees returning from disability leave to submit to a medical examination unless such an exam is "job-related and consistent with business necessity."Although you can test employees to ensure that they are capable of performing their essential job functions, it's easy to blur the line between a job functions test and a medical examÑas one unlucky employer recently learned the hard way. . . . more

News Note: Sears Roebuck Settles Disability Bias Case for Record-Setting $6.2 Million
December 2009
The U.S. Equal Employment Opportunity Commission (EEOC) has settled a nationwide class action lawsuit with retailer Sears Roebuck & Co. for the record-setting sum of $6.2 million. This is the largest recovery . . . more

News Note: Public Comment Period on EEOC Proposed ADAAA Changes Ends November 21
November 2009
Sweeping changes to the federal Americans with Disabilities Act took effect on Jan. 1, 2009. The changes are written in the ADA Amendments Act (ADAAA). Since then, the federal Equal Employment Opportu . . . more

News Note: EEOC Amends ADA Regulations
August 2009
The U.S. Equal Employment Opportunity Commission (EEOC) has voted to amend federal regulations so that they conform with the 2008 Americans with Disabilities Act Amendments Act (ADAAA). The ADAAA changed . . . more

Bulletin: United Airlines forks out $850,000 in disability bias settlement
May 2009
An $850,000 settlement was recently announced between United Airlines and the San Francisco office of the Equal Employment Opportunity Commission (EEOC), the proceeds of which will be paid out to a class of United's disabled employees. The settlement resolves . . . more

Disability Bias: Court Rules Type 2 Diabetes Can Be a Disability Under the ADA; Tips for Accommodations
May 2009
Disability Bias: The question of whether diabetes is considered a disability protected by the Americans with Disabilities Act (ADA) has long vexed employers. The Ninth Circuit Court of Appeals, which covers California, has now ruled on the issue in detail, providing much-needed guidance. . . . more

Disability Bias: Why Court Dismissed Suit by Asperger's Employee Who Was Called 'Rainman' by Supervisor; Lawsuit Prevention Tips
February 2009
A California appeals court has found that an employer wasn't liable for disability bias, even though a supervisor called an employee with Asperger's syndrome "Rainman," and even though the employee was denied a promotion. We'll explain why the employer here got lucky with a dismissal of the employee's lawsuit, and why you should take precautions to avoid similar situations from exploding into litigation. . . . more

Americans with Disabilities Act: Can You Discipline Disabled Workers? EEOC Gives Guidance on Applying Performance and Conduct Standards Under the ADA
December 2008
Suppose you suspend an employee for yelling at a co-worker, and the employee then confides that he is bipolar and is having trouble with his medication. Do you have to withdraw the suspension once you know a disability may have caused the bad behavior? Handling conduct and performance issues without wading into a lawsuit can be challenging enough, and adding disability to the mix can make management responsibilities that much trickier--and fraught with legal risk. And now, with the new ADA Amendments Act, employers may have more of these issues to contend with than ever before. . . . more

Reasonable Accommodation: How Far Do You Have to Go? New Case Sets the Bar High for Employers
December 2008
Employers have a very high hurdle to clear to fulfill the legal obligation to engage in an interactive process to explore reasonable accommodations for a disabled employee, according to a new California appeals court decision. . . . more

Reasonable Accommodation Request Form
CEA Online Exclusive November 2008
Stay on top of your accommodation obligations with this exclusive request form . . . more

Disability Bias: Congress Expands ADA's Protections; What This Means for California Employers
November 2008
President Bush has signed the ADA Amendments Act of 2008 (ADAAA), one of the most sweeping pieces of employment legislation in the past decade. The law - which takes effect on Jan. 1, 2009 - rolls back a series of U.S. Supreme Court decisions and Equal Employment Opportunity Commission regulations that have narrowed ADA protections. It makes clear that the definitions of "disability" and what it means for a major life activity to be "substantially limited" are to be broadly construed in favor of covering individuals under the ADA. . . . more

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