Posts Tagged ‘Americans with Disabilities Act (ADA)’

DOJ confirms websites are covered by ADA, but offers some flexibility to businesses in complying

Hundreds of recent lawsuits have claimed that companies must have websites that are accessible to disabled individuals. The idea is that a website is a place of public accommodation under Title III of the Americans with Disabilities Act (ADA), and therefore must be accessible for all. Common website problems, including incompatibility with screen-reading software, may…

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warehouse employee return to work

The dangers of ‘100% healed’ and ‘no restrictions’ policies

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 for the employer. Once an employer is aware of an individual’s disability and the possible need for an accommodation to perform their job, it is the…

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employer duty to initiate interactive process

An employer’s duty to initiate the ‘interactive process’ without a request for accommodation from the employee

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to persons with disabilities unless doing so would impose an undue hardship or pose a direct threat to the safety of the employee or others. ADA regulations provide that in order to determine an appropriate reasonable accommodation, it may be necessary for the…

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website accessibility

Is your company’s website compliant with the Americans with Disabilities Act?

A recent wave of lawsuits and demand letters alleging violations of the Americans with Disability Act has begun hitting businesses across the United States. Their new target: company websites. Last year, plaintiffs filed over 800 federal lawsuits — many of which were filed as class actions — in which they alleged businesses were violating the…

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Vague, open-ended medical leave denied

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 appeals court decision that applies to Oklahoma employers demonstrates that an employer may not be required to provide leave to…

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Medical exam results and tasks actually performed

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 important as the results of a medical examination. Temporary work at Bama Arnold Iselin worked for Prime Industrial…

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No medical report means no accommodation

I’m proud to be an Okie from Muskogee — “Okie from Muskogee” by Merle Haggard and Roy Edward Burris (1969) 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…

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Must be qualified to apply

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 establish the individual did not meet requirements that were explained, essential to the position, and uniformly applied to all candidates. Truck driver successfully battles cancer Mark…

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Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct threat to the health or safety” of themselves or others. A “direct threat” involves a significant risk of…

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