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ADA

How one rude employee can spark a disability lawsuit

04/01/2008
Employees can get frustrated. Sometimes, they even act rudely. But a new ruling highlights a legal risk you may not have thought about: An employee’s rude treatment can quickly turn into an ADA lawsuit if the customer is disabled …

Handling a disability claim: step by step

04/01/2008
Q. We recently terminated an employee who couldn’t get his work done on time (and basically couldn’t sit still). He had told his supervisor before that he had attention-deficit hyperactivity disorder (ADHD), but that wasn’t taken into consideration. Now he’s threatening to sue. Are we at risk, and should we settle? — A.L., Connecticut …

If employee tacks on emotional distress claim, you can ask for medical records

04/01/2008
Employees and their attorneys often add additional claims to a main discrimination claim as a way to up the ante and push for bigger settlements or larger verdicts. One of those additional claims is often for “intentional infliction of emotional distress.” Before you agree to settle a case involving an emotional distress claim, push to discover whether the supposed damage is legitimate …

Who pays for pre-Employment medical exams?

04/01/2008
Q. We require new employees to undergo pre-employment medical exams. May we require a new employee to cover the cost of the exam? We have 35 employees …

Demand concrete evidence of employee’s disability

04/01/2008
Sometimes employees look for ways to get out of performing work they find unpleasant. Some play the disability card—asking for tasks to be removed from their job descriptions as reasonable ADA accommodations. Before you give in and assign duties to more cooperative employees, decide whether the employee in question really is disabled …

You can require an obviously troubled employee to get help

04/01/2008
If you have an employee who obviously needs psychiatric intervention, you can demand he get outside help—if you can show his behavior is job-related and may affect his ability to do his job or do it safely …

How International Conflict Breeds Domestic Employment Laws

03/18/2008
The employment law legislative cycle has played out repeatedly for more than 40 years: Congress acts to protect service members’ rights when they are risking their lives in the field. Often those rights end up spreading to all other workers as well. The result: the Civil Rights Act, the ADA, the FMLA and USERRA.

HR legislation in Congress: What’s hot, what’s not?

03/11/2008
Being an election year, it will be harder for Congress to ram through any major legislation. But some important labor and employment bills are still being hotly debated this year. Here are nine of the key bills and their chances for passage, according to a policy update given at yesterday’s SHRM conference.

Bring back injured employee quickly: A 5-step return-to-work plan

03/04/2008
When an employee is injured on the job, what you do—and when you do it—can determine not only how quickly the employee will return to work but also whether he or she will return at all.

Disability still your call, even if co-workers ‘Accommodate’

03/01/2008

Sometimes, supervisors are the last to know an employee wants an accommodation for a disability. Instead, the employee may be making her own accommodations by asking co-workers for help. Of course, the help may end up keeping them from doing their own jobs. What should you do when you find out? …