Iowa Employment Law Blog

Iowa Employment Law Blog

Alert and inform about legal issues, risks, and solutions relating to employees

Tag Archives: disability

Accommodating Employees’ Mental Health Conditions Presents Unique Challenges

Posted in Disability Discrimination, Human Resources Compliance
Most employers know they are obligated under the ADA to accommodate mental as well as physical disabilities.  In theory that seems easy enough, but in practice mental health conditions are much more difficult to deal with than physical disabilities.   For example, a common problem is that the employer often lacks specific information about the nature… Continue Reading

Does the ADA Require Reassignment to a Vacant Position as a Reasonable Accommodation?

Posted in Disability Discrimination, Human Resources Compliance, Litigation and Trials
It’s an all too common situation: an employee’s medical condition results in permanent restrictions that prevent the employee from performing essential job functions that she used to be able to do.   It is not reasonable to modify the job so the employee can keep the position.   There is a vacancy in another department for which… Continue Reading

Don’t Assume An Applicant Is Not Qualified Because a Doctor Says So…

Posted in Disability Discrimination, Human Resources Compliance, Litigation and Trials
A federal district court in Michigan recently granted summary judgment for the plaintiff, (you read that correctly), ruling that the employer was liable for disability discrimination as a matter of law. (Lafata v. Dearborn Heights Sch. Dist. No.7 (E.D. Mich. 12/11/2013)).   A plaintiff hardly ever files for summary judgment in an employment case, let alone… Continue Reading

Reinstatement of Jury Award After Employer Victory Shows Failure to Mitigate Defense Hard to Prove

Posted in Disability Discrimination, Litigation and Trials
The best outcome to a discrimination lawsuit from the employer’s perspective is to win outright—for the judge or jury to find that the employer did not unlawfully discriminate. But, even if you lose, there is a “Plan B” defense—the failure to mitigate damages.   An employee who is terminated (or not hired in the first place) can… Continue Reading

Employee Must Request Extension of Leave to Avoid Application of No-Fault Leave Policy

Posted in Disability Discrimination, Human Resources Compliance, Litigation and Trials
Fixed or no-fault leave policies were once considered easy way to manage attendance and long term leave of absence issues.   Once the employee reaches the maximum number of absences, or is gone the maximum number of weeks on medical leave, the employee is terminated; no questions asked, no exceptions.   The benefit of these kinds of… Continue Reading

Iowa Court of Appeals Rules that ADA Amendments Apply to Iowa Civil Rights Act, Even in the Absence of Legislative Action

Posted in Disability Discrimination, Iowa Appellate Courts, Litigation and Trials
A divided panel of the Iowa Court of Appeals recently ruled that the rules of construction in the ADA as amended in 2008 apply to the Iowa Civil RIghts Act when determining what constitutes a disability (Knudsen v. Tiger Tots Community Child Care Center, No. 2-1011, 1/9/13). Although Knudsen is a public accommodation and not an employment case, the opinion… Continue Reading

Weekly Web Roundup, October 30, 2009

Posted in Disability Discrimination, FMLA, Human Resources Compliance, Sex Discrimination, Title VII
The EEOC has revised its "Equal Employment Opportunity is the Law" poster.    The poster was revised to reflect new federal employment laws, including the ADA Amendments, and the Genetic Non Discrimination in Employment Act ("GINA").  Employers can either obtain a new poster, or a supplement their existing poster.   The new posting is mandatory effective November 21, 2009. … Continue Reading