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ADA

Track employee input on ADA accommodations

10/04/2011
When it comes to accommodating disabilities, the process is supposed to be interactive. That means both the employee and em­­ployer are supposed to discuss how best to accommodate a disability while meeting everyone’s needs. It’s important to keep excellent records showing your efforts at accommodation and em­­ployees’ responses—especially if they are less than cooperative.

Challenge it! ADA suit, disability claim don’t mix

09/28/2011

Employees who file for Social Security disability benefits, alleging they are totally disabled, sometimes have ADA cases pending. If you discover that’s the case, scour your files for evidence of contradictory claims. You may be able to get the ADA lawsuit dismissed.

No additional leave required after FMLA ends

09/28/2011

Employees covered by the FMLA are entitled to return to their jobs after taking up to 12 weeks off to deal with a serious health condition. But sometimes employees aren’t fully recovered when their leave runs out. Then they often ask for some form of accommodation that will let them perform the essential functions of their jobs. Employers don’t have to reinstate such employees under the FMLA.

After FMLA, consider granting more ADA leave

09/28/2011
What should you do if an em­­ployee has used up all her available FMLA and personal leave and still needs periodic time off? If she has a disability, you may be required to let her take more leave as a reasonable accommodation under both the ADA and the New Jersey Law Against Discrimination.

Failure to offer drug test option prompts ADA lawsuit

09/23/2011
The EEOC has filed a lawsuit against G2 Secure Staff, a staffing company with offices in Raleigh, for failure to accommodate a disabled applicant.

Was that insubordination, or an accommodations request?

09/22/2011

A supervisor asks a worker to move some heavy boxes, which isn’t one of the worker’s usual duties. The worker refuses, claiming physical problems prevent him from doing so. What should the supervisor do? Fire him for insubordination?

Follow DOT rules for drivers with disabilities

09/22/2011
Employers that list driving a commercial vehicle as an essential function of a position can rest assured that if a disabled employee cannot get recertified under DOT regulations, there is no need to offer other accommodations. An employee lacking certification isn’t otherwise qualified for the job and therefore not covered by the ADA.

Temp agency faces ADA suit over on-the-job seizure

09/21/2011
Genie Temporary Services faces EEOC disability discrimination charges after it fired a temp em­­ployee who had an epileptic seizure at a client site in LaSalle.

When employee has pregnancy complications, be prepared to consider ADA accommodations

09/21/2011
Pregnant employees have partial protection against discrimination under several state and federal laws, including the Pregnancy Dis­crimi­na­tion Act, Title VII’s sex discrimination provision and the FMLA. But you may not realize that a pregnant employee may also be covered by the ADA.

Snoozing on the job? Discipline OK under ADA

09/21/2011
Under some circumstances, em­­ployees with severe insomnia or sleep apnea may be disabled and entitled to reasonable accommodations. But generally speaking—given that many Americans live sleep-deprived lives—it takes more than a mere sleep-disorder diagnosis to show that someone has a disability that can excuse nodding off at work.