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ADA

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.

No separate Ohio wrongful-discharge claim for disability discrimination

03/06/2009

A federal court has ruled that Ohio employees who want to sue for disability discrimination can’t add on an additional claim of wrongful discharge under the so-called public policy of the state of Ohio. Employees have to use the federal ADA and the state disability discrimination statute instead.

Will sealing medical examinations shield us from ADA liability?

03/03/2009

Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

Discrimination: Who is disabled under North Carolina state law?

02/26/2009

As time has passed, the North Carolina Persons with Disabilities Protection Act has evolved to cover more disabled North Carolinians. For example, the first version of the law excluded “working” as a major life activity, thus preventing coverage for those who might not be able to work without substantial accommodations. In 1999, the Legislature added “working” as a major life activity …

Should we offer reasonable accommodations even if our employee hasn’t asked?

02/24/2009

Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?

Can we hire only ‘careful’ workers to reduce our workers’ comp costs?

02/24/2009

Q. Several recent hires have suffered work-related injuries shortly after beginning their employment. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed that only “careful” workers be hired in the future. Is this legal?

No need to accommodate shorter commute

02/24/2009

Employers have to make reasonable accommodations for employees or applicants who have disabilities—and those accommodations may include assignment to an open position. But if the underlying reason for an employee’s request to transfer to an open position is that a medical provider recommended a shorter commute, you don’t have to make the accommodation.

Remind management: Don’t consider temporary medical problems when making layoff decisions

02/24/2009

When planning a reduction in force, it’s natural to decide who should stay and who should go by ranking employees based on the skills you’ll need after downsizing. Before managers start ranking employees, make sure they understand not to use temporary medical problems and their consequences as a reason for deciding to terminate an employee.

Acute but temporary illness isn’t disability

02/12/2009

Don’t jump to the conclusion that, just because a sudden illness or condition requires emergency medical care or even surgery, the employee who falls ill is disabled. The standard ADA test still applies.

Be reasonable! Stick to accommodations that make sense for your organization

02/12/2009

Sometimes, disabled applicants and employees try to insist on a particular accommodation. They expect employers to blindly agree to their suggestions without considering the expense or inconvenience. Don’t fall into that trap.