Top 10 employer mistakes in accommodating disabled employees

September 17, 2017 1 COMMENTS

by Matthew A. Goodin

Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common mistakes employers make when accommodating employees with disabilities. Recognizing and avoiding these mistakes will go a long way toward preventing unwanted litigation.    TOP 10. Rainbow splash paint

1. Not having adequate job descriptions

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Increase diversity by recruiting, retaining people with disabilities

July 16, 2017 0 COMMENTS

by Stephanie Holstein

Having a diverse workforce includes hiring people with disabilities, which can create a positive and inclusive work environment, be good for the bottom line, and help bring down the high unemployment rates of people with disabilities. There are a number of best practices and helpful resources to make recruiting and retaining people with disabilities an effective and manageable process for employers looking to successfully implement an initiative to employ more people with disabilities.  Businessman discussing with colleagues in office

Recruiting candidates with disabilities

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Hiring people with disabilities: ideas on meeting challenges, enjoying benefits

December 20, 2015 1 COMMENTS

Searching for employment often feels like one of life’s most difficult challenges. The job seeker has to find a suitable position, go through the application process, hope to advance to the interview stage, and then find a way to stand out in what may be a crowd of applicants vying for the same job.   Impairments

Employers looking for the right hire face equally daunting challenges. Matching a position to someone with the right skills, experience, and attitude is no easy task, but successful employers develop methods to help them find the right talent. When reaching out to applicants with some type of disability, though, they may need to alter their process.

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California at epicenter of rise in disability access cases against small businesses

November 16, 2014 0 COMMENTS

by Matthew A. Goodin

In addition to allowing disabled employees to sue their employers for discriminating or refusing to provide reasonable accommodations, both federal and California law allow disabled persons to sue businesses and places of public accommodation for failing to comply with a myriad of accessibility requirements, such as having wheelchair ramps or the proper number of handicapped parking spaces. While the federal Americans with Disabilities Act (ADA) allows only for the recovery of attorneys’ fees and not damages, California’s law allows plaintiffs to recover a minimum of $4,000 in damages in addition to attorneys’ fees. It’s no wonder that more than 40 percent of all disability access cases filed in the United States are filed in California.  Disabled Access

Federal, CA law set access requirements

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Employee flatulence is no laughing matter

October 19, 2014 3 COMMENTS

by Mark M. Schorr

Q Have you ever dealt with an extreme case of employee flatulence disrupting the workplace and causing coworkers to get sick and vomit? We have a situation right now in which a disabled employee is on a mix of medications that causes extreme flatulence. There have been numerous employee complaints, and more than one coworker has become very ill. There is no way to restructure the work assignments or job duties, as all of our employees in the area must work in close proximity on a packaging line.  flatulence

We have had some constructive meetings with the employee, but he just doesn’t understand the seriousness of the situation, and his treating physicians indicate there is no other medication mix that can accommodate his medical issues without this unfortunate side effect and no reasonably affordable medication to reduce the extreme flatulence. Just wondering if you have any advice for us in dealing with this issue.

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Resources available for employers trying to recruit people with disabilities

September 15, 2013 0 COMMENTS

As October nears, employers may be hearing a lot about how people with disabilities can benefit the workplace. Every year, the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) designates October as a time to raise awareness about the value of employing people with disabilities.

This year’s theme–“Because We Are EQUAL to the Task”–was chosen to show employers “the reality that people with disabilities have the education, training, experience, and desire to be successful in the workplace,” according to an announcement from ODEP.

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Facing the future: Growing numbers of workers with disabilities bring challenges, opportunities

April 14, 2013 0 COMMENTS

by Tammy Binford

A new study from business and research organization The Conference Board says that more than 10 percent of the U.S. population currently has some form of disability. Other research from the U.S. Census Bureau shows that disproportionate numbers of people with disabilities are either unemployed or working in jobs that pay low wages.

Employment statistics for people with disabilities have the potential to grow even bleaker in the near future as employers cope with an aging population and an influx of veterans returning from Iraq and Afghanistan with service-related disabilities. It’s clear that employers need to be ready to not just accommodate workers with disabilities but also capitalize on the strengths those employees can bring to the workplace. read more…

Get interactive, rules federal appellate court

April 14, 2013 0 COMMENTS

by Brandon Gearhart

A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky, Michigan, Ohio, and Tennessee employers) illustrates the importance of the interactive process when making employment decisions about a disabled worker. The court returned a previously dismissed Americans with Disabilities Act (ADA) claim to the lower court, in part because the employer made a decision regarding disability accommodations without consulting the disabled worker. 

Facts

Nicholas Keith was born deaf and is unable to speak. After receiving lifeguard certification from Oakland County, Michigan, he applied for a lifeguard position at the Oakland County wave pool in 2007. Katherine Stavale, Oakland County’s recreational specialist, offered Keith a lifeguard job conditioned on him passing a physical exam. Dr. Paul Work performed the exam. After looking at Keith’s medical records, Work stated, “He’s deaf; he can’t be a lifeguard.” He failed Keith because he didn’t believe he could function independently as a lifeguard. read more…

Employees on the autism spectrum: guidance for employers

December 16, 2012 0 COMMENTS

by Tammy Binford

Autism spectrum disorders (ASDs) – a group of developmental disabilities that can cause social, communication, and behavioral challenges – affect one in 88 children and one in 54 boys, according to the U.S. Centers for Disease Control and Prevention (CDC). That makes autism the fastest-growing serious developmental disability in the United States, according to the advocacy organization Autism Speaks. ASDs occur in all racial, ethnic, and socioeconomic groups.

The National Longitudinal Transition Study, a project of the Institute for Community Inclusion at the University of Massachusetts in Boston revealed striking statistics about those affected by autism:

  • Although 67 percent of youth with autism who were part of a study on employment reported working at some point after high school, 42 percent earned less than the federal minimum wage, and most of the youth in the study reported that the majority of their coworkers were also people with disabilities. read more…

Federal government touts increase in employment of people with disabilities

November 18, 2012 0 COMMENTS

When President Obama signed Executive Order 13548 on July 26, 2010, he specifically set a goal of hiring 100,000 people with disabilities by 2015. The U.S. Office of Personnel Management (OPM) not only lead federal agencies in the first two quarters of 2012 with 4.2 percent of all new hires being people with disabilities, the agency also trained 3,000 federal employees from more than 56 agencies on recruitment techniques for finding and hiring people with disabilities.

“People with disabilities are welcome in the federal family,” said OPM Director John Berry. “We need the talents and creativity of all people—including people with disabilities—to help do the work of the American people.  We are doing anything possible to remove barriers to their employment, and the good news is that we’re moving in the right direction, and you can see it in the numbers.”

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