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ADA

Accommodating a driver who can’t drive

04/01/2007

Q. One of our drivers is not medically able to drive company trucks. Should we offer alternative employment? Should we adopt a formal policy covering disabled drivers?

It’s up to you to prove applicant is ‘Direct threat’ to safety

04/01/2007

You can legally reject job applicants who have physical or mental limitations if they would pose a direct threat to their own safety or the safety of customers or co-workers. The ADA makes that clear. What isn’t clear is what’s considered a “direct threat” …

New York’s disability law is far more lenient than ADA

04/01/2007

New York employers, beware: The state law that protects employees from disability discrimination covers more ailments and impairments than the federal ADA …

Can porn surfing be a ‘disability’? Lessons from the IBM case

04/01/2007

When employees use their work computers for inappropriate purposes, such as scouring the Internet for pornography, interacting with minors for sexual purposes or transmitting pornographic images, they violate the law and put their employers at risk …

Local grocery store and EEOC settle disability bias lawsuit

04/01/2007

The Equal Employment Opportunity Commission (EEOC) and Brookshire’s Grocery Co. recently agreed to settle a lawsuit brought by the agency on behalf of a former employee allegedly demoted after the company learned that she was infected with Hepatitis C …

Employee acting out of character? Balance safety, liability

04/01/2007

An otherwise good employee is acting out of character, and you think she needs help. Do you insist she contact the employee assistance program (EAP), and send her home? …

How to Set Reasonable Call-In Rules for Absences

04/01/2007

For many employers, absenteeism is a constant problem. You know you must give employees some slack, especially for family and medical emergencies and to accommodate disabilities that sometimes flare up. But, to make sure the work gets done, you need to know who’s going to show up and who isn’t …

ADA: AIDS and HIV

03/28/2007

HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA …

ADA: Hiring Practices

03/27/2007

HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person’s ability to perform a job’s essential functions …

ADA: EEOC Enforcement

03/23/2007

HR Law 101: The EEOC has taken a proactive approach to enforcing the ADA’s protections for disabled workers. In addition to issuing enforcement guidelines, the agency has settled many cases for substantial sums.