ADA

When creating job descriptions, focus on ‘essential functions’ employees really perform

05/10/2010

Courts hearing ADA cases generally trust employers to establish which job functions are essential and which ones are not. But that doesn’t mean you can trump up job descriptions with “essential functions” that are never performed. Courts sometimes see that as a way to avoid having to reasonably accommodate disabled employees. They’ll only consider those functions that employees perform in reality.

OK to test for alcohol under ADA?

05/06/2010

Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Shouldn’t applicants disclose disabilities?

05/06/2010

Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Philly area McDonald’s will pay disabled worker $90,000

04/28/2010

The franchisee that operates a McDonald’s restaurant on City Line Avenue in Philadelphia has settled with the EEOC, resolving a disability discrimination complaint brought by a former employee with developmental disabilities.

Inability to work overtime doesn’t constitute disability

04/28/2010

Employees with psychological problems may claim they can’t handle the stress of working more than a regular 40-hour week. But if that’s the only restriction the employee has, he’s probably not disabled.

More leave after FMLA leave?

04/19/2010

Q. One of our employees recently completed 12 weeks of FMLA leave to care for an ill family member. She has now requested a 30-day leave to undergo chemical dependency treatment for alcohol abuse. Since she has already utilized all of her available FMLA leave, are we required to grant this most recent leave request?

Diabetes may be serious, but isn’t always a disability

04/15/2010

Employees who have diabetes and take insulin may claim to be disabled. And employers frequently make accommodations to help diabetic employees control their conditions. That doesn’t mean, however, that every diabetic will be able to show he’s disabled under the ADA.

Alcoholics still have to follow work rules

04/15/2010

The ADA protects people who are alcoholics from discrimination based on their disability. That doesn’t mean, however, that alcoholic employees don’t have to follow standard workplace behavioral rules. Simply put, alcoholism isn’t an excuse for poor behavior—and you don’t have to tolerate it.

No need to create job for disabled employee

04/13/2010

What should you do if an employee becomes disabled and can’t perform the essential functions of his job under any circumstances? The employee may be entitled to a transfer to another position—if one is open and the employee is actually qualified for the position. But you don’t have to move employees around to create an opening.

Now he tells us he’s disabled! Must we still accommodate with a flexible schedule?

04/09/2010

Q. Our employment application asks applicants if they are capable of satisfactorily performing the essential job duties required of the position for which they are applying. We hired a worker who later told us that he has a medical condition that prevents him from coming to work on time and, on some days, coming to work at all. Are we required to accommodate this individual?

ADA