• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

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? …

No substantial limitation? Obesity isn’t an ADA disability

12/01/2007

Even as America’s waistline expands, employers can take some comfort in knowing that obesity, by itself, does not constitute a disability under the ADA. Unless an employee’s obesity substantially limits his ability to perform a major life function, he isn’t covered by the ADA …

Consider ADA, discrimination, validity issues when using personality tests

12/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

Employee leaves in ambulance: How much to disclose?

12/01/2007

A reader of the Forum section of our free HR Weekly e-letter posed this question: “An employee was taken from work by ambulance with chest pain. For privacy reasons, we didn’t give any details to staff. Some were upset they weren’t informed or updated. Did we handle this correctly?” Here’s how some HR professionals replied …

Is employee disabled or not? How to make the ADA call

12/01/2007

It’s happened to most HR specialists—a supervisor calls and says an employee claims he’s disabled so he can’t work the night shift or lift anything heavier than a ream of paper. Plus, the employee wants extra breaks beyond those everyone else gets because his disability tires him easily. How do you respond? …