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ADA

Work to accommodate disability, but know when to fold

06/01/2007

Disabled employees are entitled to reasonable accommodations for their disabilities in order to perform the essential functions of their jobs. But that doesn’t mean employers have to create a whole new job within the disabled employee’s capacities. All the ADA requires is an honest attempt to find solutions …

Under Ohio disability discrimination law, employees can go directly to court

06/01/2007

Most federal discrimination laws require employees who think they have been wronged to file a complaint with the EEOC or their state’s equivalent agency before going to federal court. But that’s not the case when it comes to disability discrimination cases brought under the Ohio Revised Code anti-discrimination provisions …

FCRA Is the Ticket to a Jury Trial for HIV-Positive Employees

06/01/2007

Florida’s courts have expanded protection for HIV-positive employees under the Florida Civil Rights Act. At first glance, the law appears to be a state version of Title VII of the federal Civil Rights Act and the ADA all rolled into one. But state court interpretation of the act may grant Florida employees protections they don’t have under federal law …

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …

Employee caught in detergent sting loses disability case

06/01/2007

An inventory manager lost a discrimination lawsuit against the Atlanta Community Food Bank because he failed to meet the ADA’s disability standard …

Pregnancy and ADA

06/01/2007

Q. An employee we hired two months ago has been absent frequently. She just informed us that: She is three months pregnant; is often too sick to work due to her pregnancy; has been told by her doctor that she can work only part-time for the next several months; and might be on bed rest for the last two months of her pregnancy. It is necessary for her to perform her job on a full-time basis without excessive absences. Is pregnancy covered under the ADA? Can we terminate her to hire someone who will be there full-time?

Ban smoking or ban smokers? How far can you legally go?

05/15/2007

Thirty states and the District of Columbia have established “lifestyle discrimination” laws that prohibit employers from discriminating against employees or applicants based on the person’s off-duty use of tobacco or participation in other legal though controversial activities …

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Want a script that will land you in court every time?

05/01/2007

Try this one: A New York City school psychologist who suffered from asthma and migraines approached an incoming principal about continuing his accommodations, which included an air-conditioned office. The principal allegedly replied, “If you require an accommodation, you should get yourself a job that doesn’t require an accommodation” …

Does FMLA require leave to care for grandchildren?

05/01/2007

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.