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ADA

Consider ADA issues once FMLA, personal leave expire

05/27/2011
Do you automatically terminate employees who can’t return to work after exhausting FMLA leave and personal leave? That could violate the ADA.

New ADAAA regs now in effect! Get ready for more lawsuits

05/24/2011
The final regulations for implementing the Americans with Disabilities Act Amendments Act of 2008 went into effect today. In the two years since the ADAAA was enacted, employers have begun to experience the law’s profound impact. With the final regs in place, expect courts to view them as the law of the land. They’re sure to be the critical factor in future ADA cases.

When workers’ comp and disability collide: 100% disabled worker may deserve accommodation

05/20/2011
Don’t make a common employer mis­take and assume that someone who is declared 100% disabled under a workers’ compensation claim can’t also be entitled to reasonable accommodations for a different job.

Note accommodation offers, employee’s response

05/20/2011

Employers and disabled employees are supposed to engage in an interactive process to decide on reasonable accommodations. It should be a two-way conversation. If you suggest possible accommodations and the employee either turns them down or doesn’t follow through, make sure you create a solid, contemporaneous record of the discussions.

When do the new rules for implementing the ADA Amendments Act (ADAAA) go into effect?

05/13/2011
Q. When do we have to start paying attention to the final regulations implementing the ADAAA?

Do disabled workers have extra rights during layoff?

05/12/2011
Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?

Short illness does not an ADA disability make

05/11/2011
The 11th Circuit Court of Appeals has rejected the notion that a short illness with few long-term consequences is a disability covered by the ADA.

Lessons from LEAP 2011

05/03/2011
Last month, The HR Specialist hosted the 7th annual Labor  & Employment Law Advanced Practices (LEAP) Symposium in Las Vegas. Here are a few nuggets of insight and advice from the more than 30 attorney speakers:

Get ready now! New ADAAA regs will mean more litigation

04/28/2011
In the two years since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective, employers have begun to experience its profound impact. Now the regulations for implementing the ADAAA have been finalized. Since courts generally defer to such reasonable administrative interpretations, these regulations will be an important factor in future ADA cases.

New ADA regulations = more cases to trial

04/27/2011

The EEOC recently issued long-awaited final regulations to the ADA Amendments Act, clarifying many of the confusing provisions contained in the 2009 law. The final regulations further expand the ADAAA’s goal of broadening the definition of “disabil­ity” under the ADA. As a result, a greater number of employees will be covered under federal disability law and be eligible to file ADA-related claims.