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ADA

Don’t drag your feet on employees’ accommodation requests

10/01/2005
Some problems will eventually go away if you wait long enough. But that’s not the attitude to take when employees request workplace accommodations for their physical or mental conditions.
The …

USERRA: Know your duty to returning disabled reservists

10/01/2005
THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against …

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