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ADA

Clarify the essential functions before rejecting accommodation bid

05/01/2006

You can reject a disabled employee’s accommodation request (or refuse to hire a person) if the individual isn’t able to perform the "essential functions" of the job, even with an accommodation. But many ADA failure-to-accommodate lawsuits hinge on which tasks are considered essential …

It’s your duty, not just workers,’ to suggest accommodation ideas

04/01/2006

When a disabled employee requests accommodation to help him or her perform the job’s essential functions, don’t just knock the ball back into the employee’s court by saying, "What do you want us to do?" It’s up to you to actively help look for solutions …

Don’t Let Healthy Worker Play the ‘Disabled’ Card; Know Your Rights

04/01/2006

You probably know the type: the employee who stirs the pot of discontent whenever possible. And just when you’re about to levy discipline, the person pulls out the "get out of jail free" card and tells you about some imagined disability that needs accommodation …

Dispelling 4 common myths about disability leave

04/01/2006

There once was a time when considering an employee’s request for disability leave was fairly straightforward. But no more. With passage of the ADA and FMLA, employers must now navigate a virtual maze of federal laws and regulations. And when an employee’s disability stems from a work-related accident, workers’ compensation issues must be taken into account …

How to cope with seriously ill employees

04/01/2006
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Put yourself in employees’ shoes to decide if they’re disabled

03/01/2006

Some ailments obviously rise to the level of "disability" under the ADA. Others are more marginal. To help you make that decision, try to look at life from that employee’s point of view. It’s a common trial tactic used by plaintiffs’ lawyers to help sway juries in ADA cases …

Don’t guess about a worker’s condition; test and inquire

02/01/2006

If you treat employees as if they’re disabled, they’ll garner ADA protections even if they’re healthy as horses. Wait for skills testing and medical results to determine an employee’s condition; don’t make snap judgments …

You can remove injured worker for safety reasons

02/01/2006

Q. An employee told us he has a bad hernia. He wants to wait a couple months to have the operation, since it requires six weeks’ recovery. He does some lifting in his job. Yesterday, he had to go home early because he was in pain. Now that we are aware of his condition, what’s our liability? And what should we do? —D.C., New Jersey

Make Your Return-to-Work Requirements Reasonable

02/01/2006

Can you probe into employees’ conditions when they’re returning from medical leave? If you ask too many questions of such workers (or erect too many roadblocks to their return), you’ll risk a lawsuit. Use your right to medical certification appropriately, but don’t go overboard …

Alert Supervisors to Little-Known Association-Bias Law

01/01/2006

By now, your supervisors know it’s illegal to discriminate against someone because of his or her disability. But do they also know about a less obvious part of the ADA that makes it illegal to discriminate against people because they have an association with a person who has a disability? …