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ADA

Take it seriously when doctor limits employee’s duties

03/09/2009

Employers ask for trouble when they ask workers to violate doctor’s orders. Train supervisors to honor medical restrictions. It will help the company in workers’ comp cases as well as ADA and FMLA situations. The following case illustrates the perils of playing fast and loose with physician certifications recommending light duty.

ADA doesn’t require promotion as reasonable accommodation

03/09/2009

In an unpublished 11th Circuit decision, a court has sent an ADA case back to a lower court to determine whether the Seminole County School Board discriminated against Marilyn Woodruff when it did not move her to less physically demanding jobs available in the district.

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.

Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks

03/06/2009

What should you do if you learn that an employee who is out on FMLA leave will not be able to return when her 12 weeks of unpaid leave are up? If you are absolutely sure that she can’t claim she is disabled under the ADA, you can terminate her. But you still must continue providing any benefits she was receiving while on FMLA leave, such as medical premium payments.

Coping with seriously ill employees and inquisitive co-workers

03/06/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance …

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?