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ADA

Consider ADA before firing after 12 weeks

01/01/2008

Q. Can FMLA leave be extended beyond the 12 weeks specified in the law? What if the employee is disabled and can’t return to work right away or can come back only part time? …

Mere accommodation request may support retaliation claim

01/01/2008

Both the ADA and the New Jersey Law Against Discrimination make it illegal to retaliate against disabled employees who engage in what the law calls “protected activity.” Filing an EEOC complaint, testifying against an employer or cooperating in a government investigation are protected activities. So are more informal activities, such as discussing accommodations with a supervisor or HR …

Require an applicant medical exam? Job offer must come first

01/01/2008

The ADA protects job applicants from discrimination based on disability, and one of these protections is the right to be free from medical tests or examinations as part of the initial selection process. An employer can ask an applicant to undergo a job-related medical examination only after it has made a job offer …

Individual assessment—Not diagnosis—Key to ADA disability

01/01/2008

It takes more than a trip to the family doctor, a diagnosis and a prescription to establish a disability and qualify for protection under the ADA. Employees who say they are disabled must be able to show that they are substantially impaired in a major life function. And taking medication may mean an employee is not disabled because it can reduce the effects of even serious illnesses …

What are ADA requirements for accommodating depression and psychiatric disabilities?

01/01/2008
Q. If a worker complains that he or she is depressed and needs time off, do I have a duty under the ADA to give the worker leave?

Should disabled workers be given job preferences under ADA? Supreme Court to decide

12/11/2007

The U.S. Supreme Court has agreed to hear an important employment-law case, Huber v. Wal-Mart Stores, that will decided whether disabled employees who are returning to work are entitled to a preference for open positions.

EEOC Eyes the New Breed of Wellness Programs

12/11/2007

With health insurance premiums outpacing inflation for what feels like the hundredth year in a row, employers are looking for innovative ways to cut costs. Many are taking a fresh look at wellness programs. So is the EEOC.

Firing after FMLA leave makes ADA request irrelevant

12/01/2007

Employers sometimes find themselves in tricky situations: An employee who has exhausted FMLA leave cannot return to work yet, but might be able to after more time off as an ADA accommodation. In effect, the ADA may extend leave if the employee is disabled. But a new case shows that an employer’s quick action may stop the clock …

Michigan disabilities act and the ADA: important differences

12/01/2007

Michigan employers must comply with Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) and the federal ADA. Although the laws are similar, there are differences employers need to understand …

Getting started on FMLA leave processes

12/01/2007

Q. I have an employee who is scheduled for surgery and will be going on FMLA leave. What forms will I need? There is a possibility that he will not return after the 12 weeks. How long will we be required to hold his position for him? …