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ADA

More employers try to regulate employees’ off-Duty behavior

11/01/2007

To help control significant health care cost increases, many employers are trying to regulate employees’ off-duty behavior when they believe that it creates health risks. Although motivated by legitimate economic concerns, are these employers overstepping the boundaries of individual privacy? …

Foul play: Can employee sue over offensive odor comments?

11/01/2007

Q. An employee of ours has a very distinct, offensive odor. I received several complaints about the smell, so I confronted the employee, hoping to rectify the situation. Unfortunately, he did not respond well and threatened to sue. Does he have a case? …

Is it time to stop tracking employees’ vacation time?

10/09/2007

Plenty of companies use paid time off banks in lieu of rigid leave plans that designate a specific number of days for vacation, sick and personal time off. Now newer leave plans are going even further, doing away with the concept of tracking leave time altogether. Weigh the pros and cons when deciding whether unlimited leave is right for your organization.

Minor sleep problems don’t a disability make

10/01/2007

Does your office look like the set for the latest sleep-medication commercial? You know, the one where employees drag themselves to work while their dreams come to visit them. These days it seems almost everyone is a bit sleep deprived. But don’t let bleary-eyed employees make excuses for tardiness. The fact  is, while insomnia can be a disability under the ADA, very few cases are severe enough to qualify as a disability.

Is everyone in your company treated equally? Here’s how to track

10/01/2007

Do you have ready access to your organization’s discipline records? Can you say with certainty that everyone charged with the same misconduct receives the same punishment? Or is there bias hiding in those records? The best way to check is to group discipline by type of misconduct and punishment …

The smoke-Free workplace: complying with Florida law

10/01/2007

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of …

Easy come, easy go: Judge cuts huge discrimination award 92%

10/01/2007

Carol Tamao had won a $6 million verdict in her Age Discrimination in Employment Act and ADA lawsuit after her supervisor implied her age was a factor in her termination. But a federal judge ruled the jury got carried away when it started handing out her former employer’s money …

Deaf Ann Arbor man dogged by gas station discrimination

10/01/2007

A hearing-impaired man filed an ADA suit against an Ann Arbor gas station after an attendant ordered the man to leave the store. According to the complaint, Robert Hurdley entered Golfside BP in Ann Arbor on June 6 accompanied by his service dog. Hurdley, who can read lips, claims the attendant told him to leave because dogs are not allowed in the store …

You can provide ‘Accommodation’ without admitting disability

10/01/2007

Even if you aren’t positive an employee’s problems amount to a disability, don’t worry about offering an accommodation. You aren’t admitting the employee is disabled, nor are you “regarding” him or her as disabled. You can still challenge the disability without ADA liability …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …