ADA

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008

You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

Ensure handbook doesn’t make FMLA promises you can’t keep

08/13/2008

An Indiana employer must now respond to charges it misled employees when it promised FMLA benefits in its handbook, even though the company is too small to be covered by the FMLA. The case, recently decided by the 7th Circuit Court of Appeals, shows the problems that arise when employers promise more than they are willing to deliver in their employee handbooks …

Develop procedures for breaks that accommodate disabilities

08/12/2008

Sometimes, employees with disabilities may need additional breaks as reasonable accommodations. But you don’t have to leave the timing or duration of the breaks entirely to the employee. If you do, it will be hard to tell whether the employee is taking a legitimate and necessary accommodations break or simply taking advantage of additional freedom. And that can lead to litigation …

Before assuming you must accommodate under ADA, evaluate disability and ability

08/11/2008

The ADA requires employers to reasonably accommodate disabled applicants and employees within a tight set of parameters. But an employer only has to offer reasonable accommodations that allow a disabled employee to perform the essential functions of a job. Employers don’t have to create new jobs or restructure jobs to such an extent that essential functions are dropped …

May we terminate a disabled employee who can’t perform an essential function?

08/08/2008

Q. One of our employees was hired to a position that requires her to drive to customers’ offices. When we hired her, she reviewed and signed a job description that included a statement “that transportation was an essential function of her job.” Public transportation is not a realistic option. She recently received test results suggesting she might be suffering from multiple sclerosis. She provided a return-to-work slip indicating she would be able to return to work on a part-time basis but would not be able to drive or do heavy lifting. We told her we cannot accommodate her restrictions, but we provided a four-month leave of absence. Assuming she will not be able to drive when she returns, are we within our rights to discharge her? Are we going to violate her rights under the ADA or Michigan disability laws? …

ADA retaliation settlement gives officer promotion, pay

08/05/2008

Lance Lazoff, an officer with the Colorado Springs Police Department, will be promoted to sergeant with back pay and benefits to settle his retaliation lawsuit against the city. Lazoff alleged that, despite an exemplary service record, he was denied promotion to the rank of sergeant because of his vocal support for his wife’s claim under the ADA …

Colorado vs. federal law on discrimination

08/05/2008

Q. Our small Colorado business is growing, and soon we will have 15 employees on the payroll. How does that affect our exposure under employment laws? …

Beware! Now it’s even easier for disabled employees to sue

08/04/2008

A new federal appeals court case has made it easier for employees in the 5th Circuit to sue for disability discrimination. To prove disability discrimination, employees need to show only that the disability was a “motivating factor” in an employment decision, not the sole cause …

The Genetic Information Nondiscrimination Act finally becomes law

08/04/2008

President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees …

Attendance policies: Control absenteeism without breaking the law

08/01/2008

For most employees, regular attendance is a key job function. But while you are free to set and enforce attendance rules, you must also comply with key federal laws, including the FMLA and the ADA.

ADA