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ADA

As the EEOC steps up ADA enforcement, it’s time to review policies

10/28/2010

The EEOC projects the number of private-sector charges to exceed 100,000 by the end of fiscal year 2010. The increase is due in part to the additional statutory authority it gained with the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). Given this trend, employers should review their ADA and medical policies to ensure they are in compliance with the ADAAA.

Fitness-for-duty exams: When can they be used?

10/15/2010
We’ve all tussled with sending employees to fitness-for-duty exams when returning from an injury or illness. When are they the right decision? When do they create liability? As this case shows, it’s best to let the doctor make the right call …

Make sure managers know laws against employee discrimination

10/12/2010

Last year, U.S. employees filed the second highest number of EEOC complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require treating all applicants and employees equally. But do your organization’s supervisors understand the relevant laws? Pass along this primer on federal anti-bias laws to make sure your compliance efforts start right on the front line.

Disabled vet charges nepotism at Bay Pines VA

10/12/2010
Disabled veteran Tracy Kendall’s odyssey in pursuit of an engineering technician job at Bay Pines VA Medical Center near St. Petersburg has taken him from mopping floors to the home of the head of the Department of Veterans Affairs—but it still hasn’t landed him the job.

Don’t delay reasonable accommodations decision

10/12/2010

Employees who are disabled are entitled to reasonable accommodations. Employers and employees are supposed to talk about possible accommodations in what’s called the interactive accommodations process. An unreasonable delay in the process may amount to an ADA violation.

What’s our ADA liability if an employee never informed us he needed accommodation?

10/12/2010
Q. An employee recently resigned from our company. In his resignation letter, he told us that he was disappointed that we were unable to accommodate his sleep apnea … However, he never told us until he resigned that he suffered from any medical condition, including sleep apnea. How are we supposed to accommodate a medical condition that we don’t know about?

6th Circuit’s surprise call: Pregnancy ‘impairments’ are disabilities

10/08/2010

The ADA expressly excludes pregnancy as a disability. The law says so, and I’ve always believed it to be true. But now a new decision has turned that notion on its head—and that may mean you’ll have to make some changes to your policies.

Is dyslexia an ADA disability?

09/24/2010
Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests?

Get it in writing: Creating effective and legal job descriptions

09/24/2010
Job descriptions are the cornerstone of communication between management and staff. Good job descriptions make sure bosses and employees alike know what kind of performance is expected. They’re the basis of every effective performance-appraisal system. At a minimum, a job description should include these elements:

WIU settles with coach who was fired after cancer diagnosis

09/16/2010
Western Illinois University has settled a wrongful discharge claim with former head football coach Don Patterson, who lost his job after learning he had cancer.