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ADA

ADA: How far must you go to ‘reasonably’ accommodate?

02/01/2005
THE LAW. The Americans with Dis-abilities Act (ADA) says employers can’t discriminate against employees who have physical or mental disabilities, and you must help them perform the critical functions of …

Well-meaning assistance won’t always mean you view worker as ‘disabled’

01/01/2005
If your organization regards an employee as having a
“disability”, even if his or her condition doesn’t rise to the Americans with Disabilities Act (ADA)’s definition, your actions could cause …

Illness controlled by medicine can still be a ‘disability’

01/01/2005
Issue: Whether employees are considered “disabled” if their ailments can be kept in check by corrective treatments.
Risk: Many employers wrongly assume that corrective treatments wipe out an employee’s ADA …

Workers’ comp leave doesn’t stop ‘FMLA clock’

01/01/2005

Q. An employee took FMLA leave Sept. 1 due to job stress. In October, she had an operation for carpal tunnel syndrome. Workers’ comp ruled that her absence was work-related and it dated her workers’ comp claim back to Sept. 3. So, they’re now saying that her FMLA leave won’t start until she is officially released from workers’ comp. Do we need to keep a job open for her indefinitely? —F.W., Nevada

Inability to ‘get along with others’ may qualify employees as disabled

12/01/2004
Perk up your lawsuit radar if you (or one of your organization’s managers) plan to discipline an employee who has emotional problems and difficulty relating to other people. As the following …

Learn how to handle employees with ‘intellectual disabilities’

12/01/2004
If your organization employs, or is considering employing, people with so-called “intellectual disabilities,” obtain a copy of a new EEOC fact sheet that explains how to legally accommodate those employees under …

Govt. Rarely Requires In-House ‘Sick Area’

12/01/2004

Q. Is our company required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this? —V.A., Ohio

Illness controlled by medication may still be considered a ‘disability’

11/01/2004
Here’s a vexing question faced by many HR professionals: Can employees be considered “disabled” under the Americans with Disabilities Act (ADA) even if their disability can be controlled by medication or …

Job descriptions: Craft with precision to avoid bias risk

11/01/2004
THE LAW. While no federal law re-quires your organization to write job descriptions for each employee, it’s a wise legal move that most employers follow. When drafting job descriptions …

Don’t probe applicants about their HIV status

11/01/2004

Q. Is it legal to ask applicants medical questions, specifically, if they have HIV? Does the law allow any legal exceptions to ask this question of people applying for food-handling positions?” —S.S., California