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ADA

EAP hotline calls may trigger ADA, FMLA awareness

08/01/2006

Many employers offer employee assistance programs (EAPs) to help employees with personal problems. But be aware that if you communicate directly with counselors who take employees’ calls, you may trigger legal liabilities under both the ADA and the FMLA. That’s especially true if an EAP counselor suggests that the employee needs time off or some other accommodation …

Be on guard for often-Overlooked ‘Associated with’ claims

08/01/2006

A frequently disregarded ADA provision often catches employers by surprise. The ADA, which prohibits discrimination of disabled people at work, also bans discrimination against employees because they "associate with" someone who is disabled …

Employees’ Seniority Trumps Disabled Co-Workers’ ADA Rights

07/01/2006

If you award first choice of promotions, shifts, vacation slots and other perks based on employees’ seniority, you’ll face a dilemma if a disabled employee requests an ADA accommodation that conflicts with that policy …

Handle absence problems correctly; learn ADA, FMLA interplay

06/01/2006

If an employee has attendance problems due to health issues, those absences may not be covered by the ADA even if they’re covered by the FMLA. That’s especially true if regular attendance is an essential job function …

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 …