January 12, 2006

Top 10 ways to avoid disability bias lawsuit

Depression, seasonal affective disorder, diabetes, pregnancy, carpal tunnel syndrome, hepatitis, alcoholism and back injuries affect employees in many workplaces. All may be considered disabilities. Here's what employers can do to avoid employee lawsuits for disability discrimination:

10. Keep talking — in writing. Anti-discrimination statutes require an interactive process. Once an employee informs you that she is disabled, you must ask for her suggestions as to how to accommodate her to perform the essential functions of her job. Document your communications, and keep talking after you've reached an agreement. An employee's previous disability may lessen or end, changing your need to accommodate.

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Previous columns:

• Oral agreement? It can cost you, 10-12-2005
• Contractors face a new liability, 08-29-2003
• New law returns 6-year window on construction lawsuits, 06-20-2003
• The changing face of subcontract forms, 04-11-2003
• Contractors need to know nonpayment lien rights, 02-28-2003
• Rules changing on temporary construction labor, 01-31-2003
• Recent cases put teeth into land use act, 11-15-2002
• Statute of repose: No ironclad bar to older claims, 10-02-2002