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ADA

Mere lifting restriction doesn’t constitute disability

07/01/2007

The ADA protects disabled employees from discrimination and requires employers to provide reasonable accommodations. That doesn’t mean every minor impairment qualifies as a disability …

Use common sense to judge length of leave

07/01/2007

You’re not alone if you have struggled to decide how much time off to allow a dsabled eimployee. It’s one of HR’s trickiest issues …

Understanding religious accommodation in Illinois workplaces

07/01/2007

Illinois mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks”  …

Do applicants have to reveal disabilities during the hiring process?

07/01/2007

Q. We recently extended an employment offer to an individual who was later determined to be unable to perform the essential functions of the position due to 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?

Time off for special-needs child

07/01/2007

Q. Our office secretary is the backbone of our company. Her son is in special education, and she periodically asks for time off to attend various school conferences and meetings about his progress. I don’t want to be stingy, but her absences really create problems for us. Do I have to allow her to take time off for these meetings?

Vague disability isn’t an excuse for special treatment

07/01/2007

To make sure employees who really aren’t disabled don’t get special treatment, HR professionals need to understand what constitutes a disability and what’s just a minor ailment …

Document accommodation delays beyond your control

07/01/2007

The ADA requires employers to try to accommodate disabilities so workers can perform the essential functions of their jobs. Accommodation can include special equipment. But employers must not delay the accommodations process. If it takes too long to get the equipment a disabled employee needs, employers may be liable …

Protecting employment tests from legal challenges

07/01/2007

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court …

Approach employee directly to discuss accommodations

07/01/2007

The ADA requires employers to make reasonable accommodations for disabled applicants and employees. And those accommodations must be based on an agreement between the disabled individual and the employer, using an “interactive process” …

Essential job functions may include shift work

07/01/2007

Q. We have a three-shift operation, and all employees are required to rotate and work on each shift. We are reviewing an employee’s request to be excused from moving from the day shift to the afternoon shift. The employee’s doctor says that his patient should not work the afternoon and midnight shifts for medical reasons, which we believe are valid. Are we required to honor this request? …