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ADA

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.

Assign HR staffer to monitor and update employees’ ADA accommodations

03/13/2009

Don’t think it’s the end of the story once you have offered an ADA accommodation to a disabled employee and put it in place. Disabilities change, equipment fails and technology improves, making the accommodations process a continual one. Here’s what you risk if you make an accommodation and walk away without ensuring the accommodation actually works.

Use solid research to back business-necessity defense when deciding not to accommodate

03/09/2009

Few employers win ADA cases by using a business-necessity defense. That’s probably because few employers take the time to really lay out why their business cannot accommodate a particular disability. Now the 11th Circuit has decided a business-necessity case that can serve as a blueprint for employers that want to use it effectively.

Warn bosses: Preconceived notions about disability can violate the ADA

03/09/2009

Some conditions aren’t serious enough to constitute disabilities, but some supervisors wrongly assume they do. That’s a major problem: By assuming a condition is disabling, they’re “regarding” the employee as disabled—something the ADA prohibits. Thus, the ADA protects even employees who aren’t disabled.

Take it seriously when doctor limits employee’s duties

03/09/2009

Employers ask for trouble when they ask workers to violate doctor’s orders. Train supervisors to honor medical restrictions. It will help the company in workers’ comp cases as well as ADA and FMLA situations. The following case illustrates the perils of playing fast and loose with physician certifications recommending light duty.

ADA doesn’t require promotion as reasonable accommodation

03/09/2009

In an unpublished 11th Circuit decision, a court has sent an ADA case back to a lower court to determine whether the Seminole County School Board discriminated against Marilyn Woodruff when it did not move her to less physically demanding jobs available in the district.

Agree if returning worker proposes new exam

03/06/2009

Employees who take leave because of a disability may be entitled to a reasonable accommodation when they return to work. But, as an employer, you have the right to decline an employee’s return if you genuinely believe she won’t be able to perform her job. But if the employee proposes undergoing a medical or psychological exam to prove she is fit to return, cooperate.

Worker not returning from FMLA leave? Terminate, but pay benefits for full 12 weeks

03/06/2009

What should you do if you learn that an employee who is out on FMLA leave will not be able to return when her 12 weeks of unpaid leave are up? If you are absolutely sure that she can’t claim she is disabled under the ADA, you can terminate her. But you still must continue providing any benefits she was receiving while on FMLA leave, such as medical premium payments.

Coping with seriously ill employees and inquisitive co-workers

03/06/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Responding to these challenges requires tact, sensitivity and flexibility. Mistakes can mean not only hurt feelings but also potential legal liability problems. The key is balance …

Stacks of résumés are no excuse for sloppy hiring practices

03/06/2009

Despite the daily economic lamentations, some employers are still hiring. Those employers may think they are in the catbird seat because they may have hundreds of applicants for each position. But a bonanza of applicants is no excuse for shoddy hiring practices. You must make sure they comply with state and federal laws.