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ADA

Don’t ask for unlimited medical exam consent

07/08/2010
Under the ADA, medical exams are allowed only if needed to determine whether an employee requires a reasonable accommodation or if the employer believes the employee will be unable to safely perform the job. But can employers require employees to agree to more extensive medical examinations as a condition of employment? Probably not.

When reasonable accommodation is time off, it’s OK to count it as FMLA leave

07/07/2010
Employees whose disabilities require reasonable accommodations in the form of breaks or a modified schedule don’t get to save their FMLA leave for later use. You are free to subtract the time off from any FMLA hours available.

NASCAR’s Mayfield loses N.C. disability challenge

06/28/2010

The North Carolina Persons with Disabilities Act prohibits discrimination against the disabled, but that protection is limited. Consider the following case involving race car driver Jeremy Mayfield:

Keep processes transparent so everyone knows crucial employment milestones

06/28/2010

Typically, employees have just a short period of time to file an EEOC discrimination claim. But what if they don’t know they are being discriminated against? In some circumstances, that may give them much more time to begin a lawsuit. All the more reason to be open about employment decisions—it makes it harder for employees to later claim they didn’t understand their situations.

Disability group files class action against state

06/18/2010
The organization Disability Rights Advocates recently filed a class action lawsuit against the state of California on behalf of seven state employees and Deaf and Hard of Hearing State Workers United, a group representing employees with hearing disabilities.

When determining fitness for duty, strictly limit medical inquiries to essential functions

06/18/2010

Employers aren’t allowed to delve into an employee’s disabilities or medical history when that employee wants to keep the information private—unless the employer can show a job-related reason for doing so. To qualify, the inquiry must be narrowly tailored to assess whether the employee is capable of performing the essential functions of his job. Broad questions often run afoul of the law.

What legal issues should we weigh before allowing employees to bring their pets to work

06/09/2010
Q. We run a pretty laid-back office and are considering allowing employees to bring their pets to work. Anything we should be thinking about?

Beware demanding 100% recovery–it could mean you’re violating the ADA

06/09/2010

Employers are naturally concerned about employees who hurt themselves at work and collect workers’ compensation benefits. One of those concerns is that an early return, before the employee is ready, may cause a reinjury. That attitude, however, can come back to hurt if you insist on a 100%-healed requirement before the employee can resume work.

Transfer isn’t reasonable accommodation if it violates another employee’s labor rights

06/09/2010
Disabled employees may be entitled to transfer to an open position as a reasonable accommodation. But if that open position is subject to a collective-bargaining agreement, and another employee should receive the job under that agreement, the transfer would be unreasonable.

Court rejects bid for personal liability under ADA

06/02/2010
Good news for those worried about being on the hook personally for ADA violations: A federal court considering a New York case has rejected an employee’s bid to hold supervisors personally liable for alleged disability discrimination.