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ADA

Don’t let diagnosis alone determine disability

05/13/2009

Here’s a common mistake that even the most experienced HR pro could make: An employee submits an ADA reasonable accommodations request that lists a serious-sounding condition as the disability that should be accommodated. Without further investigation, you start talking about possible accommodations. If that’s your approach, you’re missing out on an opportunity to delve deeper into whether the employee is, in fact, disabled under the ADA.

You can discharge if there’s no way to tell when employee will return to work

05/13/2009

Employers don’t have to provide a disabled employee with an indefinite leave of absence when the employee has a medical emergency and doesn’t know how long it will take to return. As long as the employee isn’t covered by the FMLA (in which case, she is entitled to 12 unpaid weeks of leave), you can terminate the employee without violating the ADA.

ADA: Consider what’s a ‘major life activity’

05/11/2009

Employees who cannot drive a motor vehicle due to a physical or psychological reason don’t automatically qualify for ADA protection. That’s because driving is not a major life activity. Therefore, an employee who claims that she panics when she has to get behind the wheel isn’t entitled to transfer to a nondriving position as a reasonable accommodation.

Curiosity about co-worker’s accommodation not harassment

05/11/2009

Even though employers must maintain confidentiality when a disabled employee receives ADA accommodations, other employees are bound to notice. For example, they might ask how the employee got a good schedule or even if she has a disability. That doesn’t amount to disability harassment.

EEOC sues rehab center for failure to accommodate

05/11/2009

The EEOC has filed a federal lawsuit accusing the Florida Institute for Neurological Rehabilitation of violating the ADA when it refused to accommodate a disabled employee’s request for training assistance.

Check for retaliation before disciplining employee who requested ADA accommodations

05/06/2009

Do you have a manager who wants to discipline an employee who just requested a reasonable accommodation under the ADA? Before you approve the discipline, make sure the manager can document past problems or that the discipline is warranted based on a serious rule infraction that has happened since the request.

How can we assess a worker’s alleged learning disability? Do we have to pay for it?

05/06/2009

Q. What kind of documentation can an employer request to verify a worker’s contention that he suffers from a learning disability that requires accommodation? Must we pay for the evaluation?

Unable to work, ineligible for FMLA? You may be able to fire

05/06/2009

Employees who can’t come to work at all because of a disability can’t perform the essential functions of their jobs. Someone who is so incapacitated they cannot work can be discharged.

OK to charge for pre-employment medical exams?

05/04/2009

Q. I know the ADA limits when and how an employer can ask medical questions of applicants or employees. If I require a pre-employment medical exam, can I require the applicant to pay for it?

How to Solve Your Employee Absentee Problem

05/03/2009
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