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ADA

Temporary disability leave over? Carefully handle employee’s return to work

12/04/2008

An employee who has been on temporary disability leave and whose leave is about to expire may be eligible for reasonable accommodations under the ADA. A smart employer will try to ease the return process by proposing a solid return date to the employee and inviting him to contact the company with any questions or concerns.

Prepare for change when ADA Amendments Act takes effect next month

12/04/2008

The ADA Amendments Act of 2008, which goes into effect on Jan. 1, 2009, is designed to restore protections for the broad range of individuals with disabilities, as originally envisioned by Congress. The amendments were also meant to reverse several U.S. Supreme Court decisions that limited the ability of individuals to qualify as disabled …

Personnel records: Your guide to ADA and FMLA medical confidentiality

12/02/2008

Both the ADA and the FMLA have strict requirements for how employers must handle employee’s confidential medical information. HR professionals must know these rules to comply with both laws—and to avoid expensive legal liability for failing to do so. Here are the details you need.

One more reason to keep job descriptions current

11/25/2008

If you don’t have up-to-date job descriptions, you are asking for legal trouble the next time an employee asks for reasonable accommodations under the ADA. Without a current job description, the employee will come up with her own—quite possibly minimizing the essential functions she can’t perform.

Know the law: Simply taking FMLA leave doesn’t necessarily mean worker is disabled

11/25/2008

Generally, someone whose condition qualifies as a disability under the ADA is probably also entitled to FMLA leave when that disability flares up. But the reverse is not always true.

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.

ADA Amendments Act means changes for employees, employers

11/25/2008

Sweeping new ADA legislation passed earlier this fall will completely change the way employers manage disabled employees. The ADA Amendments Act of 2008 overruled four U.S. Supreme Court decisions defining disabilities under the ADA, thereby broadening the definition of disability …

Can we require worker to wear hearing aid?

11/21/2008

Q. An employee with severe hearing loss refuses to use his hearing aid. He works in a loud environment with forklifts and other hazards. Can we force him to wear the hearing aid or otherwise remove him from the floor? We think he’s endangering himself because he can’t hear someone warning him about a hazard.

What are the basic changes resulting from the ADA Amendments Act of 2008?

11/20/2008

Q. I have had a number of questions about recent amendments to the ADA. Can you provide a brief explanation of what the changes mean?

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.