• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Rehiring ex-addict? Get proof of rehab

08/01/2002
Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in …

Don’t wait for disabled to ask: Accommodation is two-way street

08/01/2002
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn’t clock in and out correctly, resulting in paycheck errors. Birton’s mother gave his manager …

Tear down accommodation hurdles; don’t make worker formally apply

08/01/2002
When Howard Shapiro, a 15-year city employee, became disabled in a work accident, he couldn’t continue his paramedic job. So he made repeated requests for accommodations and identified several vacant positions …

Tread Carefully With Drug Test, Psychiatric Help

08/01/2002

Q. Can we suggest psychiatric help for an employee who we suspect may be having trouble with substance abuse? And can we require a random drug test? —H.J., Texas

Stick to facts with mental fitness tests

07/01/2002
Don Jackson, a county utility worker, got quite a shock one night when a psychologist called to confirm an appointment in two days. Jackson hadn’t made the appointment, his employer had. …

ADA: You can deny jobs that threaten workers’ own safety, health

07/01/2002
In a solid win for employers, the U.S. Supreme Court last month ruled that the Americans with Disabilities Act (ADA) doesn’t entitle employees to jobs that might endanger their health, even …

Third-party retaliation will stand up in court

06/01/2002
Gregory Fogleman claimed that the age-old parable about a son being punished for the sins of his father played out in his workplace. As a result, Gregory’s employer could pay more …

No need to bend seniority rules to accommodate disabled employees

06/01/2002
Continuing a pattern of narrowing the Americans with Disabilities Act (ADA), the U.S. Supreme Court recently ruled that, in most cases, employers don’t have to override their seniority system to accommodate …

Don’t pry too deeply when seeking proof of sick leave

06/01/2002
Under her employer’s sick-leave policy, corrections officer Belinda Fountain had to provide a diagnosis of her medical condition every time she was absent. This “medical certification” had to be on …

Court can enforce flextime, ‘quiet time’ as accommodations

05/01/2002
A file clerk who suffered from obsessive-compulsive disorder, a recognized disability, was easily distracted and had trouble completing her work. As an accommodation, she asked for permission to do some …