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ADA

Drug testing is perfectly legal … if done properly

10/01/2005

Q. I have an employee who says that our drug-testing program is a violation of his constitutional rights. What can I tell him (or show him) to prove that we’re well within the law? —S.H., Texas

Teach managers how to handle staff returning from injury

10/01/2005
Issue: Employees who return from injury leave may or may not be covered under the ADA.
Risk: By treating employees as if they’re “disabled” (even if they’re not), supervisors create …

Self-diagnosis won’t cut it; require proof of disability

09/01/2005
Do you have an employee whose sniffles, coughing or health complaints drive co-workers crazy? Has she told you that she’s disabled and can’t help the snorting and sneezing? You don’t need …

Know your ADA responsibilities for employees with cancer

09/01/2005
The EEOC published a Q&A document last month explaining when cancer is a “disability” under the ADA and how you should accommodate employees with cancer.
More than 1 million Americans …

Fewer employers offering flextime schedules

09/01/2005
A study by the Society for Human Resource Management says only 56 percent of employers now offer flex schedules, down from 65 percent in 2002. Why the change? Experts say …

Review your personality test: Is it an illegal ‘medical’ exam?

09/01/2005
Issue: A recent court ruling says certain employment personality tests may violate the ADA.
Risk: If your test screens out people with mental disorders, it could be deemed an illegal …

You don’t need to accommodate totally disabled workers

09/01/2005
Issue: How to handle employees who claim disability benefits but also want ADA-related job accommodations.
Risk: Sometimes, you must offer those accommodations, sometimes you don’t. One mistake can trigger an …

Mandatory EAP referral is legal

09/01/2005

Q. In a previous issue of HR Specialist, you said that employers can’t force employees to visit a psychologist. Our Internet policy says that if we find employees accessing pornographic Web sites, they’ll receive a three-day suspension without pay and a mandatory referral to an EAP counselor. Can we require this? —A.C., Maryland

Know your ADA duty to employees with cancer

09/01/2005
The EEOC just published a Q&A document explaining when cancer is a qualified disability under the ADA and how you should accommodate employees with cancer. Reasonable accommodations may include intermittent leave, …

Personality tests: Yours may now be illegal

08/01/2005
If your job-screening process includes personality testing, review that test now to see if it includes any questions that could be considered “medical inquiries” revealing a person’s mental disability. And check …