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ADA

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.

Insist on more than just diagnosis when employee claims ADA serious condition

02/12/2009

Some employees mistakenly believe that, just because they have been diagnosed with a serious condition, they are disabled and entitled to an accommodation. Employers can and should analyze the claimed disability to see whether it really substantially impairs one of the employee’s major life functions. The diagnosis alone is not enough. It’s just the starting point.

Ensure supervisors understand importance of documenting accommodations process

02/05/2009

The ADA requires employers to reasonably accommodate disabled employees and applicants. To decide what those accommodations will be, both sides are supposed to engage in an interactive process. If that process breaks down, a court will try to determine who was responsible for the impasse—and good records are key to winning that fight.

You can make disabled comply with dress, behavior standards

02/05/2009

Good news when it comes to disciplining disabled employees for breaking behavioral or dress code rules: You can and should hold the disabled to those rules, along with everyone else.

Begin accommodations process after job offer

02/02/2009

Many disabled applicants choose not to reveal their disabilities during the selection process and don’t reveal the need for reasonable accommodations until after they have been offered a job. Don’t ignore that request, or you could wind up in court for violating the ADA.

What should we do? Employee wants a transfer as a reasonable accommodation

02/02/2009

Q. One of our employees recently developed a condition that makes it difficult for her to perform the essential functions of her job. She has asked to be transferred to a job she can perform. Are we obligated to do this?