An employee in a job that regularly requires lifting 50 pounds now says they can only regularly lift 25 because of an off-the-job injury. Can we terminate? Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees...
The answer depends on the nature of the disability and the functional limitation it imposes. For example, if you were requesting documentation for an accommodation request concerning a mental health condition, a psychiatrist or psychologist would be an appropriate professional, but a physical therapist wouldn’t...
October is National Disability Employment Awareness Month (NDEAM). Declared in 1988 by the United States Congress (though its roots go back to 1945 when Congress urged employment for WWII servicemembers with disabilities), NDEAM is a good occasion for us to celebrate the contributions of people with...
Our definition of disability comes from the Americans with Disabilities Act (ADA). According to the ADA, an individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such...
Reminder: the 2019 and 2020 EEO-1 Component 1 data collection is now open—the collection had been delayed because of COVID-19. Employers that are required to file have until Monday, July 19, 2021, to submit both years of data. Pay data is not required. Employers should visit the newly...
No, for the most part asking an applicant whether they need an accommodation would constitute a pre-employment disability inquiry, which is prohibited under the Americans with Disabilities Act (ADA). Prior to making an offer of employment, you should only ask whether the applicant can perform...