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ADA

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 …

Can an interviewer ask about drug use?

09/05/2008
Q. I recently asked an applicant whether she used illegal drugs. She told me she understood that employers were not allowed to ask such questions. Is this legal? …

Tale of two cases: How to avoid costly FMLA and ADA mistakes

09/03/2008
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member …

Don’t let disability assumptions lead you to believe employee can’t work at all

09/02/2008

Employers that wrongly regard injured employees as disabled by refusing to consider them for any open positions may be setting themselves up for “regarded as disabled” litigation. The ADA makes it illegal to discriminate against employees by assuming they are disabled when they are not …

Discrimination costs Alamosa schools $240,000 plus

09/02/2008
A Denver jury has awarded a former school administrator $240,000 for discrimination she suffered based on a perceived disability. Discrimination based on a perceived disability violates the ADA …

Sex is a ‘Major life activity’

09/02/2008
Most people probably think so, but the U.S. District Court, District of Colorado has now made it official: Recreational sex is a “major life activity” under Title I of the ADA. The case involved a former letter carrier who resigned after being passed over for numerous promotions …

What managers need to know about the ADA

09/01/2008
When you’re faced with an employee or applicant who may have a physical or mental disability, your legal antenna should go up right away. That’s because the complex Americans with Disabilities Act (ADA) gives qualified disabled people special rights in the workplace. Here’s what a manager needs to know about the ADA: Who is protected? […]

Don’t assume disability: Let applicant or employee bring it up

08/25/2008
The ADA makes it illegal to discriminate on the basis of a covered disability or to discriminate because of a perceived disability. An employer’s belief that an applicant or an employee has a disability—even if she does not—is enough to trigger liability if the employer acts on that belief and refuses to hire or discriminates based on the perceived disability …

Supervisor’s ignorance of the law isn’t enough to justify punitive damages award

08/22/2008
Although there are serious consequences when supervisors don’t know how to comply with workplace anti-discrimination rules, their ignorance of the law won’t necessarily result in a costly punitive-damages award if you get sued …