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ADA

Lessons from the court: job evaluations, break-time pay

05/01/2004
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Alcoholics may be protected by ADA, but don’t tolerate at-work drinking

04/01/2004
You may be surprised to discover that the Americans with Disabilities Act (ADA) may protect workers who are alcoholics, even if they currently drink. To earn ADA protection, an alcoholic’s addiction …

Include ‘work-on-site’ requirement in job description

04/01/2004
Issue: Must you include a position’s most obvious requirements, such as working at the job site, in employees’ job descriptions? Risk: Misunderstandings can spark lawsuits from employees who are eligible …

Smoke out users who try to beat your drug tests

04/01/2004
Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with …

Err on the side of stating the obvious in job descriptions

03/01/2004
It’s clear that some jobs require employees to work on site and work alongside others. But must you state that fact in every job description? The following case says “No,” you …

Wear kid gloves with accommodation requests; they are ‘protected activity’

03/01/2004
Alert managers that they can’t demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees …

Major revision planned for ADA’s access rules

03/01/2004
In January, a government panel approved the first major update of Americans with Disabilities Act (ADA) regulations since 1991. That move revises the ADA’s Accessibility Guidelines, which govern how organizations must …

Worker’s FMLA time expired? Check ADA obligation, too

03/01/2004

Q. An employee’s been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Misconduct is the key to enforcing your ‘no rehire’ policy

03/01/2004
Issue: When can you refuse to rehire a former employee who may be protected under the Americans with Disabilities Act (ADA)? Benefit: You don’t have to rehire people who are …