Employers have an interest in knowing whether a prospective employee or current employee has the ability to perform the duties of a position. However, the federal Americans with Disabilities Act (“ADA”) provides protections to workers with disabilities to help prevent them from being treated differently because of their disability. Asking About Disabilities Before Making anRead More
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Can Employers Test or Terminate Employees for Prescription Drug Use?
Most employers are rightly concerned about how the use of drugs, whether legal or illegal, can affect the ability of employees to perform their work. However, employers need to be careful about how they screen for and address prescription drug use because missteps can violate the Americans with Disabilities Act (“ADA”). Pre-employment Prescription Drug TestingRead More
Reasonable Accommodation Requests: What Is the “Interactive Process”?
Under the Americans with Disabilities Act (“ADA”), an employee with a disability can request a reasonable accommodation and the employer must provide an accommodation, unless it would cause an undue hardship. Once the employee requests the accommodation, the employer and employee must engage in an “interactive process.” What is the interactive process? It doesn’t needRead More
Do Businesses in Nevada Have to Allow Service Animals to Enter?
For some people with disabilities, service animals provide vital guidance, protection, and companionship. For this reason, both federal and Nevada law require places of public accommodation to allow service animals to enter their buildings and other facilities. What’s a Place of Public Accommodation? Any business or building that’s open to, or offers services to, theRead More
What’s the Best Way to Request a Reasonable Accommodation from Your Employer?
Under the Americans with Disabilities Act (“ADA”), if you have a disability your employer must provide a reasonable accommodation for you, unless it would cause your employer an undue hardship. What’s the best way to request a reasonable accommodation from your employer? A person who desires an accommodation needs to let the employer know thatRead More
What Statute of Limitations Period Applies to Title II ADA Claims?
Title II of the Americans with Disabilities Act (ADA) protects individuals with disabilities from discrimination by state and local government. But individuals who believe a state or local government has discriminated against them must file a claim in court within a certain period of time called the statute of limitations. In Nevada, the statute ofRead More