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ADA

Directors and volunteers don’t count as employees

03/01/2008
The ADA applies to employers with 15 or more employees. The Age Discrimination in Employment Act (ADEA) covers employers with 20 or more employees. Pretty clear, right? But whom you count is crucial, especially if your head count is right on the cusp of the ADA or ADEA threshold …

N.C. employers face greater risk of punitive damages

03/01/2008
In a pair of surprising decisions, the 4th Circuit Court of Appeals has upheld large punitive damages awards against employers that juries said violated the ADA. The cases are significant because the 4th Circuit Court of Appeals has long been considered the most conservative court in the nation—and a safe haven for employers …

FMLA, Workers’ Comp, ADA

02/11/2008

HR Law 101: One of the toughest problems for employers is figuring out which law applies to a particular condition: the FMLA, workers’ comp or the ADA. The relationship between the FMLA and other federal and state statutes is clear: The law that provides the greatest benefits to the employee applies …

Can you force staff to participate in wellness programs?

02/01/2008

Your organization, like many, may have embraced a wellness program to help employees quit smoking, lose weight, exercise more or participate in screenings for high blood pressure or cholesterol. You may have even thought about requiring employees to participate. But that’s a controversial practice that is likely to step on laws ranging from HIPAA to the ADA …

How to navigate the intersection of the ADA and the FMLA

02/01/2008

When an employee needs time off due to a mental or physical impairment, he or she potentially could have rights under both the ADA and the FMLA. You must first determine whether one or both laws cover the employee. From there, you’ll know which rights the employee has. And any decision you make must take these rights into account … 

Accommodation may mean leave plus reinstatement

02/01/2008

Employees who take their 12 weeks of FMLA and California Family Rights Act leave don’t lose the right to reinstatement once their time off expires. In fact, additional time off may be a reasonable accommodation under both the ADA and the California Fair Employment and Housing Act. What’s more, that additional medical leave would have to be accompanied by the right to reinstatement …

Employees have to pick: ADA or state disability discrimination law

02/01/2008

Good news for employers: Employees who claim disability discrimination can’t sue under both state and federal laws. They have to choose whether to sue under the ADA or the North Carolina Persons With Disabilities Protection Act …

Head off ADA complaints by proactively offering to discuss accommodations

02/01/2008

The ADA requires employers to engage in an interactive process to determine whether an applicant or employee is actually disabled and what, if any, accommodations are possible. But the law doesn’t expect employers to be clairvoyant …

Don’t assume—It’s up to employee to raise disability issues

02/01/2008

Do you suspect an employee may have a mental or psychological disability that may need accommodation—even though he hasn’t mentioned it? Tread carefully. If you assume the employee is disabled and he’s not, he’ll be able to sue you for regarding him as disabled. Here’s the best way to handle the matter …

Responding to mold allergy illness complaints

02/01/2008
Q. We have an employee who claims she feels sick whenever she is at work. She attributes it to a mold allergy. What should I do?