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ADA

Court rules sex is a ‘major life activity’

09/23/2008

Alexander Bondarenko, a letter carrier, sued the U.S. Postal Service for constructive discharge and disability discrimination. The Postal Service argued Bondarenko wasn’t disabled because his back bad did not substantially limit a “major life activity,” as the ADA requires. Bondarenko disagreed. He said the back injury left him unable to have recreational sex …

How do we accommodate an employee’s obvious disability tactfully and legally?

09/23/2008

Q. We have an employee who is clearly disabled. The employee has a very difficult time walking and is unable to stand for extended periods of time.  While the employee has never complained or asked for any form of accommodation, it is clearly affecting both him and his performance. We want to help him, but we are afraid to approach him and suggest he needs help. What can we do? …

The New ADA: What It Means for Employers and HR

09/23/2008

The ADA Amendments Act of 2008—signed by President Bush Sept. 25 and taking effect Jan. 1, 2009—will require HR professionals to thoroughly review all policies and practices involving employment of people with disabilities. Here’s a run-down of the major changes under "the new ADA."

Congress OKs bill to expand ADA’s definition of ‘disabled’

09/18/2008

Congress gave final approval on Sept. 17 to legislation that will bring more Americans under the umbrella of “disabled” under the Americans with Disabilities Act (ADA). President Bush said he’d sign the bill. The bill reverses several court rulings from recent years that had limited the scope of ADA protections …

Circulating résumés around the office

09/18/2008

Q. One of our managers who hires for his division has started passing around the résumés of possible candidates to other managers. He wants to get their opinions on the candidates. Does passing along résumés to these people violate any privacy laws?

Congress Approves Bill to Expand ADA’s Definition of ‘Disability’

09/17/2008

Congress gave final approval on Sept. 17 to legislation that will bring more Americans under the umbrella of “disabled” under the Americans with Disabilities Act (ADA). Here’s what the bill means to HR professionals and U.S. employers …

The latest ADA disability-rights claim: I’m allergic to the Internet!

09/09/2008

The ADA requires employers to accommodate the disabilities of their employees and customers. We thought we’d heard about every kind of potential disability—until this one …

When Can You Discipline, Fire Disabled Workers? New EEOC Guidance Explains

09/09/2008
The ADA does not affect an employer’s right to hold all employees to basic conduct standards, and employers can apply the same performance standards to all employees, including those with disabilities. That’s the clear conclusion of a new ADA guidance document just issued by the EEOC.

Don’t be intimidated by sudden disability claim during discipline

09/09/2008
Employees who face discipline and are worried about losing their jobs may believe that claiming they are disabled will stop or at least delay the inevitable. They think the ADA is a shield against punishment. Don’t fall for that trick …

Accommodation can include FMLA leave to avoid OT

09/08/2008
Sometimes employers must require their employees to work overtime to meet production goals. That can be a problem if one of the workers has a disability that prevents him from working more than 40 hours per week. It’s perfectly legal to require that the employee use accumulated sick time and FMLA leave to avoid those overtime hours …