An employee requested to work remotely as an accommodation so they can be home with a child who is disabled. Do we have to provide this accommodation under the ADA?

by | Jun 3, 2025 | Employment Law, Human Resources

No, the Americans with Disabilities Act (ADA) doesn’t require that employers provide accommodations to employees because they have a family member who is disabled. You’re only required to provide an accommodation under the ADA when the employee themselves has a...

We have a repeat applicant whom we offered a job to in the past. This candidate failed a drug screen back then, so we rescinded the offer. Can we reject them now based on their past drug screen result?

by | Feb 17, 2023 | Business Tips, Human Resources

Answer from Kyle, PHR: No, chances are that rejecting an applicant based on a previous drug screen will violate the Americans with Disabilities Act (ADA). The ADA prohibits employment discrimination on the basis of a disability, which includes being in recovery from...

A candidate told us they have a disability. What do we need to do?

by | Feb 7, 2023 | Employment Law, Human Resources

Answer from Rachel, SHRM-SCP: We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t influence your hiring decision. The Americans with Disabilities Act (ADA) requires employers to...

Can I require applicants to have a high school diploma?

by | Nov 27, 2022 | Employment Law, Human Resources

Answer from Rachel, SHRM-SCP: We recommend that you not require applicants to have a high school diploma unless you can demonstrate that the requirement is job-related and consistent with business necessity. Requiring a diploma when it’s unrelated to the...

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?

by | Apr 25, 2022 | Employment Law

Answer from Kate, SHRM-CP: Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees to provide accommodations to employees to enable them to perform the essential functions of their job unless...