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ADA

Not all ADD, ADHD diagnoses qualify as protected ‘disability’

01/01/2004
Unfortunately, the Americans with Disabilities Act (ADA) doesn’t come with a laundry list of conditions that qualify as disabilities. So what about attention deficit disorder (ADD) or attention deficit hyperactivity disorder …

You can set ‘no rehire’ policy for workers fired for misconduct

01/01/2004
The Supreme Court last month handed employers more power to set and enforce policies that deny rehiring to employees fired for misconduct. The court said such “no-rehire” policies are valid reasons …

ADA and diabetic workers;
know your legal obligations, limits

12/01/2003
The incidence of diabetes in the United States is rising. More than
17 million people over age 20 are diagnosed with diabetes, so you face a good chance of having …

Steer clear of cutting sick worker’s job in half

12/01/2003

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We’d like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we’d like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

When can you ask employees about their prescriptions?

12/01/2003
Issue: The Staten Island Ferry crash in October raised the issue of when you can investigate employees’ prescription use. Risk: You could spark an ADA suit by asking too many …

Accommodate workers’ eating needs when it’s medically necessary

11/01/2003
You must accommodate employees with disabilities. But what’s technically considered a “disability” under the Americans with Disabilities Act (ADA)? The law says it’s any physical or mental impairment that limits one …

You may need to offer flex schedule as ADA accommodation

11/01/2003
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, …

Can you accommodate disabilities you don’t know about?

11/01/2003
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can …

Prevent managers from interfering with employees’ ADA rights

10/01/2003
You know that you can’t retaliate against employees who request accommodation under the Americans with Disabil-ities Act (ADA). But in addition to this anti-retaliation rule, the law includes a little-known “interference” …

Supreme Court outlook: 4 key employment cases to watch

10/01/2003
The U.S. Supreme Court historically starts new terms on the first Monday in October. This year, for
the first time in three decades, it began work in September. Reason: to …