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ADA

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.

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

Are there any legal issues to consider now that we’re hiring only ‘careful’ workers?

04/20/2011
Q. Recently, several employees suffered work-related injuries shortly after we hired them. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed us to hire only “careful” workers in the future. Is this legal?

What can we ask job applicants? We want to make sure they can physically perform the work

04/20/2011
Q. We are looking to hire several new workers in our receiving department. The job will require lifting heavy boxes. Can we ask applicants about any current medical conditions or disabilities that would prevent them from doing so? Can we ask applicants to pass a physical test to see if they can fulfill the requisite job duties?

Weed out substance abuse with ‘one-strike’ rule

04/20/2011
Many employers have adopted strict drug and alcohol testing programs for all new hires—and strictly bar employment of anyone who tests positive. Now the 9th Circuit has ruled that applying the rule to a recovering addict is legal unless that addict can somehow prove that the rule discriminates against a class of disabled individuals—namely, recovering addicts.

Audit all discipline to ensure fairness, equity

04/15/2011

You never know where the next lawsuit will come from. That’s powerful incentive to make sure you treat all employees fairly. A simple self-audit of discipline can prevent many lawsuits.

Can we fire? Doctor added 3 months to injured worker’s restrictions

04/14/2011
Q. One of our employees broke his ankle while on vacation last summer and he has still not fully recovered. He has been on work restrictions from his physician since the accident, and those restrictions limit his ability to perform job duties that involve walking, standing or lifting. We have accommodated the restrictions, but we recently received a note from his doctor asking us to extend the restrictions for another three months. Do we have to do that or can we simply terminate the employee?