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Q&A

Can we ask about disabilities before hiring?

03/08/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Can we make deaf employee–and his boss–learn and communicate with sign language?

03/08/2012
Q. We recently hired a deaf employee who communicates exclusively by written notes. We are finding that this process is time-consuming and harms productivity. May we require the deaf worker and his supervisor to learn sign language? Can we terminate them if they refuse?

Take a pay cut or leave: Is such a demand legal?

02/28/2012
Q. We’ve concluded that a small group of our employees don’t appreciate their jobs. We’d like to post their jobs and replace employees who won’t take a pay cut with unemployed people who will work for a lower wage. Is this a problem?

What’s our duty to accommodate a religious need we just learned about?

02/22/2012
Q. An employee we hired a couple weeks ago just told us that he is Muslim and can’t work on Fridays. During the interview, he was asked whether anything would prohibit his working a proposed schedule that specifically included Fridays. He said no, in writing. Can we let this guy go?

What should we do? If employee took all her comp time, she couldn’t do her job

02/22/2012
Q. We have an exempt supervisor who has accumulated more than 400 hours of comp time over the past year. It’s almost impossible for her to take 400 hours of comp time and still do her job. What is our obligation to pay for this comp time? How can this issue best be resolved?

Can we ban drinking and driving company car?

02/22/2012
Q. We recently learned that an employee who drives a company vehicle is stopping on the way home for a few drinks. Should we notify all employees that if they use drugs or alcohol while driving a company vehicle, they will be fired?

For new mom with very ill baby, what are our FMLA and unemployment obligations?

02/22/2012
Q. A long-standing employee recently took FMLA leave to give birth, but her son has many medical complications. She exhausted her eligibility under our disability carrier and isn’t eligible for long-term disability because she herself is not disabled. We want her back, but she can’t commit to even 20 hours a week. What are our obligations under the FMLA, and would our employee be entitled to unemployment compensation if we terminate her?

Firing OK for breaking no-dating policy?

02/22/2012
Q. Our company policy prohibits managers from dating subordinates. I have just learned that a manager has violated this rule. May we terminate him?

Are there incentives for hiring vets?

02/15/2012
Q. We are aware of the increasing number of veterans who are returning to the workforce and applying for positions. We are interested in hiring veterans and would like to know if there are any incentives for hiring them.

How did the new law change USERRA?

02/15/2012
Q. How does the recent amendment to the Uniformed Services Employment and Re­em­ploy­­ment Rights Act (USERRA) affect employers?