ADA

Warn managers about personal liability

07/25/2008

One way to get the attention of your managers and supervisors is to warn them that they may be personally liable for breaking some state or federal laws. For example, because the definition of “employer” in the FMLA and the Fair Labor Standards Act (FLSA) is quite broad, some supervisors and managers have been held personally responsible. And the same is true for some job-related injuries. …

Social Security disability doesn’t automatically earn ADA status

07/24/2008

Employees who are approved for Social Security disability payments sometimes think that automatically means they’re also deemed “disabled” under the ADA, which requires their employers to offer “reasonable accommodations.” But that’s simply not true …

Employees’ temporary disabilities don’t trigger ADA protections

07/24/2008

Sometimes injured employees need more time off than the 12 weeks allowed under the FMLA. In such cases, they often ask their employers to allow them to return to their jobs with reasonable accommodations under the ADA. That may be true if their conditions are permanent, but not if their conditions are merely temporary. Employers can deny requests without violating the ADA …

Pre-Employment tests

07/22/2008

Q. Our company operates a distribution warehouse. Our application process used to be very simple—applicants would come into the warehouse and voice their interest. We would do a quick interview on the spot and usually hire the person. Since then our company has grown significantly and we want to make sure we are in compliance with current regulations. In order to work in the warehouse, employees must be able to lift at least 75 pounds. During an interview, can we ask what disabilities, if any, an applicant may have? We just want to make sure our employees are able to lift the boxes. …

Air conditioning: mandatory accommodation?

07/21/2008

Charles Gribben, a UPS driver in Phoenix, was told by his doctor to operate only trucks with air conditioning. But UPS, finding it couldn’t accommodate Gribben’s disability, terminated him. Gribben sued UPS under the ADA …

Don’t play doctor with employee ailments

07/21/2008

Electrician David Justice worked at a canning plant when he suffered a stroke. It affected his balance, so when he returned to work, his doctor said he could no longer work on catwalks or ladders …

Congress moves closer on ADA reform bill

07/17/2008

The U.S. House of Representatives voted 402-17 last month in favor of the ADA Amendments Act of 2008, which would expand the class of employees who are considered “disabled” under the ADA …

Understand the ADA basics: Diagnosis not always equal to disability

07/14/2008

We hear and read that Americans are developing diabetes, heart disease, obesity, high blood pressure and other health problems at an alarming rate. But it doesn’t follow that large segments of the workforce are disabled and entitled to ADA accommodations for their ills.

Make suggested ADA accommodation offer in writing

07/09/2008

Under the ADA, disabled employees are entitled to reasonable accommodations that enable them to perform the essential functions of their jobs. And employers are required to engage in what the law calls “an interactive process” to determine what accommodations may be possible. But “interactive” doesn’t imply you should approach the process casually …

Balance FMLA and ADA rights to avoid potential trouble

07/07/2008

What happens if an employee who qualifies for FMLA leave also has a qualified disability under the ADA, a disability that could be accommodated with additional time off or a job modification? Before you discharge someone unable to return to her old job after 12 weeks of FMLA leave, consider whether she is disabled and can be accommodated—if she asks …

ADA