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ADA

No need to create job for disabled employee

04/13/2010

What should you do if an employee becomes disabled and can’t perform the essential functions of his job under any circumstances? The employee may be entitled to a transfer to another position—if one is open and the employee is actually qualified for the position. But you don’t have to move employees around to create an opening.

Now he tells us he’s disabled! Must we still accommodate with a flexible schedule?

04/09/2010
Q. Our employment application asks applicants if they are capable of satisfactorily performing the essential job duties required of the position for which they are applying. We hired a worker who later told us that he has a medical condition that prevents him from coming to work on time and, on some days, coming to work at all. Are we required to accommodate this individual?

Pull up a chair: You must have ADA accommodations talk with disabled employees

04/05/2010
Here’s one of the most common mistakes employers make when managing employees with disabilities. They know that generally, the employer gets to choose the reasonable accommodation. But what they don’t realize is that simply unilaterally declaring an accommodation won’t pass muster under the ADA.

Employee is wasted at work? You don’t have to tolerate it!

04/05/2010

It’s true that the ADA and FMLA require you to accommodate employees with medical ailments—even employees recovering from alcoholism. But take note: You certainly can enforce a zero-tolerance policy that forbids employees to work while under the influence of alcohol. Employers have every right to expect workers to show up sober in the morning. Being an alcoholic is no excuse.

Could gambling addiction become an ADA-protected ‘disability’?

03/26/2010
Just in time for March Madness … the new draft of a prominent American Psychiatric Association (APA) manual recommends expanding the category of “mental disabilities” to include new disorders, including binge eating and pathological gambling.

Sears finalizes record ADA settlement, worth $6.2 million

03/12/2010

A federal judge has approved a $6.2 million settlement agreement between Chicago-based retail giant Sears and the EEOC. The settlement comes after the commission determined last year that Sears’ policy of terminating disabled employees rather than negotiating reasonable accommodations violated the ADA.

Rejecting job redesign for disabled employee? Document why it would be unreasonable

03/12/2010

Job restructuring is one of the reasonable accommodations listed in the ADA, and many disabled employees do ask for their duties to be modified as part of the reasonable accommodations process. If you reject such a request, be sure to document exactly why doing so would be unreasonable under the circumstances. You can use cost, inconvenience and anything else that might make drastically changing the job an undue hardship.

Odd ADA strategy means a jury will decide Xentel case

03/11/2010

A decision by the U.S. District Court with jurisdiction in South Florida has spotlighted some sage ADA advice: Don’t be a jerk if you can avoid it. Xentel, a charity fundraising firm, hired disabled veteran Mark Lerman to work in its call center. Lerman uses a wheelchair. On his first day at work, Lerman found the firm’s restrooms weren’t fully wheelchair accessible …

Determine if mental condition actually impairs

03/11/2010

Not everyone who has a learning disability or even mild retardation is disabled. Under the ADA, every disability is measured by the individual’s condition and whether or not the condition he claims is disabling substantially impairs a major life function. Thus, someone with minor intellectual deficits may not be disabled under the ADA.

You don’t need to accept disabled employee’s preferred accommodation—just a reasonable one

03/11/2010

Disabled employees and their employers often disagree about how to accommodate a disability. Employees sometimes mistakenly believe that they’re entitled to the exact accommodation they prefer. That’s just not true. The fact is, an employer has the right to pick the accommodation it prefers—as long as that accommodation is reasonable.