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ADA

No employer duty to provide ‘Perfect’ accommodation

08/01/2007

Do you have a difficult disabled employee who seems to need constant care and attention and whose accommodations requests border on the ridiculous? Maybe it’s time to decide those requests are unreasonable. Here’s how to handle the situation …

Discipline for absences even if employee has disability

08/01/2007

Employees who take intermittent leave cause the greatest disruption in the workplace, according to comments received by the U.S. Labor Department on proposed revisions to the FMLA. That includes employees with disabilities who seem to need an inordinate—and unpredictable—number of absences. If you suspect abuse, don’t jump the gun …

Prison guard not entitled to indefinite light duty

08/01/2007

Employers are not required to provide a light-duty position indefinitely, the New Jersey Supreme Court recently ruled, overturning an Appellate Division decision. A Gloucester County corrections officer was diagnosed with Graves’ disease, which gave him double vision and prevented him from working in contact with inmates …

Can we fire for incomplete medical cert?

08/01/2007

Q. An employee recently has contracted a serious health condition for which she requests FMLA leave. The medical certification form, completed by her physician, does not indicate the probable duration of her condition. Can we suspend the employee for the physician’s failure to submit a sufficiently complete medical certification form? …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …

Think you have a drug-Free workplace? Think again

07/17/2007

If you think your workplace is drug-free, chances are you’re wrong. According to a new government survey, one of every 12 U.S. workers uses illegal drugs. That’s up from earlier surveys. Here’s more on the trend and what employers can do about it …

Mere lifting restriction doesn’t constitute disability

07/01/2007

The ADA protects disabled employees from discrimination and requires employers to provide reasonable accommodations. That doesn’t mean every minor impairment qualifies as a disability …

Use common sense to judge length of leave

07/01/2007

You’re not alone if you have struggled to decide how much time off to allow a dsabled eimployee. It’s one of HR’s trickiest issues …

Understanding religious accommodation in Illinois workplaces

07/01/2007

Illinois mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks”  …

Do applicants have to reveal disabilities during the hiring process?

07/01/2007

Q. We recently extended an employment offer to an individual who was later determined to be unable to perform the essential functions of the position due to a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?