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ADA

Nondisabled workers can claim ADA retaliation

05/01/2003
Warning: As odd as it may sound, don’t believe you’re safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think …

Treat disability assistance requests with speed, or risk court action

05/01/2003
When an employee asks you to accommodate her claimed disability, don’t put the request on the back burner.
The Americans with Disabilities Act (ADA) requires an “interactive process” with employees …

Don’t let abusive staff use disability as excuse; you can fire for behavior

05/01/2003
Don’t allow employees to use their disabilities as justification for poor behavior, especially if it clearly threatens your workplace. Even if an employee is …

Indefinite leave of absence isn’t a reasonable accommodation

05/01/2003
Providing a leave of absence is one way to “reasonably accommodate” disabled employees. But the Americans with Disabilities Act (ADA) doesn’t require you to wait …

Workers can’t demand telecommute option

04/01/2003
Don’t be bullied by a disabled employee who says you must let her work from home as an Americans with Disabilities Act (ADA) accommodation. It’s true that a reasonable …

Keep medical data private, even if new HIPAA rules don’t apply

04/01/2003
We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply …

Anyone can challenge medical inquiries, not just disabled workers

03/01/2003
Don’t let your guard down when interviewing someone who doesn’t appear to suffer from a disability. If you ask an illegal question, anyone can hit you with …

Your safety rules outweigh employee ‘personal appearance’ rights.

03/01/2003
Company dress codes will withstand any legal challenge if they’re gender-neutral and involve a legitimate business reason. Recent example: A county prohibited …

Doing half a job is not a reasonable accommodation request

02/01/2003
After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming