Dealing with the unseen: Tips for traversing legal terrain of hidden disabilities

March 19, 2017 0 COMMENTS

Work can be stressful for anyone, and employers are wise to ease the burdens when possible in the interest of maintaining productivity and the general well-being of the workforce. But disabilities can complicate the issue, especially when the disability isn’t obvious.  man with stressed face expression brain melting into lines

Human resources professionals may be well aware that the Americans with Disabilities Act (ADA), as well as the ADA Amendments Act that broadened the law’s protections in many cases, require employers to provide qualified employees who have a disability an opportunity to be productive at work by engaging in the “interactive process” and providing “reasonable accommodations.”

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Employers may be required to accommodate unhygienic employees

August 14, 2016 0 COMMENTS

by Deanna L. Forbush

Most employers have several policies explaining their expectations for employee appearance and hygiene. The policies generally include topics such as appearance, dress, disruption of the workplace, health and safety, and interaction with other employees. Appearance and hygiene policies are generally published in an employer’s personnel handbook.   Portrait of a young woman  disgusting with bad smell

Many employers require employees to meet high grooming and hygiene standards as a condition of continued employment, and employers generally retain sole discretion to determine whether an employee’s hygiene and grooming meet their sometimes subjective standards. Employers that do not have hygiene and grooming policies are advised to implement standards as soon as possible because the appearance of employees—especially those who work in the service sector—can have a huge effect on a company’s overall image.

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Passing on disabled candidates for safety reasons is risky business

December 20, 2015 0 COMMENTS

by Erica E. Flores

Election season can bring out the best and worst in our nation. The important issues that should be the focus sometimes take a backseat to headline-grabbing one-liners. But true leaders emerge at some point in nearly every campaign. It remains to be seen which of this cycle’s large group of presidential contenders will have such a moment, but we can learn a lot from leaders of the past as we wait for it.  Caution Fork-lift trucks operating sign

On March 4, 1933, Franklin D. Roosevelt was inaugurated as the 32nd president of the United States. After taking the oath of office, he delivered his inaugural address. Speaking to a nation in the grip of the Great Depression, he famously told the American people that the only thing they had to fear was fear itself—”nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.” Eighty-two years later, Roosevelt’s words still ring true in many contexts, including the modern workplace.

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Interactions with Asperger’s: Discrimination, wrongful discharge claims go to trial

August 16, 2015 1 COMMENTS

Soon after an employee provided his employer with information about his Asperger’s syndrome, it informed him that his contract wouldn’t be renewed because “Your Asperger’s got in the way of your ability to interact with your boss, and we are tired of it.” Afterward, the employee brought claims of wrongful termination and discrimination under the Americans with Disabilities Act (ADA). The employer attempted to persuade the court that even if all the evidence he presented was true, the employee would still be unable to prevail at trial. Let’s see how things turned out.  You Are Fired

Background

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