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ADA

Don’t require employees to visit a psychologist

06/01/2005

Q. Can we require an employee to receive psychological counseling or treatment if his behavior has become a hindrance to his job performance? —N.M., Kansas

Gauge what a person confronts, not overcomes, to see if he’s ‘disabled’

05/01/2005
Before taking employment action against impaired employees, evaluate their abilities thoroughly. Your goal: Determine if they would qualify as “disabled” under the ADA, and therefore, earn accommodations. Compare the employee’s abilities …

Tap into new recruitment resource for summer help

05/01/2005
If you’re looking to fill seasonal or permanent positions, check out a new government program that helps employers hook up with college students with disabilities.
The Labor Department’s Workforce Recruitment …

Accommodate employee health issues, but don’t ‘play doctor’

04/01/2005
When employees suffer health problems that affect their work and could trigger ADA protection, you should start the interactive process and explore possible accommodations. But make sure your supervisors know not …

Asking for test results is OK in cases of business necessity

04/01/2005
When an employee encounters a medical problem, don’t fear asking for more details or requiring medical tests, as long as you can prove that your requests are focused on whether the …

Assist ailing employees without fear of triggering ADA

04/01/2005
Issue: Who is considered “disabled” under ADA’s definition?
Risk: Employees earn ADA protection if you regard them as disabled, even if their condition doesn’t rise to the law’s definition of …

More reason to crack down on disability-related jokes and teasing

03/01/2005
When training supervisors, stress that they must work harder to prevent workplace intolerance toward employees with physical or mental impairments.
Reason: More courts are allowing employees to use
the …

Cite Return-to-Work Tests in Drug/Alcohol Policy

03/01/2005

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require this test when he was hired? —M.Z., Washington

Don’t let managers hire or fire based on family health costs

03/01/2005
Issue: Can you terminate, or refuse to hire, people based on their impact to your health plan?
Risk: Employees have two paths to sue you for such cost-trimming employment actions. …

Employee can’t ‘play nice’ with others? He may be ‘disabled’

03/01/2005
Issue: Which mental impairments are considered “disabilities” covered by the ADA?
Risk: An employee’s troubles interacting with co-workers may, by itself, allow the employee to claim disability status.
Action: …