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ADA

Ban smoking or ban smokers? How far can you legally go?

05/15/2007

Thirty states and the District of Columbia have established “lifestyle discrimination” laws that prohibit employers from discriminating against employees or applicants based on the person’s off-duty use of tobacco or participation in other legal though controversial activities …

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Want a script that will land you in court every time?

05/01/2007

Try this one: A New York City school psychologist who suffered from asthma and migraines approached an incoming principal about continuing his accommodations, which included an air-conditioned office. The principal allegedly replied, “If you require an accommodation, you should get yourself a job that doesn’t require an accommodation” …

Does FMLA require leave to care for grandchildren?

05/01/2007

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.

Amputee fought discrimination, wins chance to fight fires

05/01/2007

The New Jersey Merit System Board has ruled that an amputee who wears a prosthetic leg must be reinstated to the hiring list of the Paterson Fire Department Academy, overturning the city’s attempts to bar him from entry …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …

Revising crisis plan? Consider disabled workers’ needs

05/01/2007

In light of April’s shootings at Virginia Tech, organizations are taking a fresh look at their evacuation and emergency notification procedures. When you review yours, resist the well-intentioned temptation to lessen risk by shunting aside disabled employees …

Seek accommodations even if the effort seems impossible

05/01/2007

As soon as an employee makes it known that he needs accommodations, it’s up to the employer to start an interactive accommodations process, even if it turns out that no accommodation is possible …

Pregnant Employees: Answers to Your 20 Toughest Legal Questions

04/26/2007
White Paper published by The HR Specialist ______________________ Not many years ago, pregnant women were subject to poor treatment from employers and company insurance plans as well. But the Pregnancy Discrimination Act (PDA), enacted in 1978, prohibits discrimination on the basis of “pregnancy, childbirth and related medical conditions.” The PDA required most employers to make […]

What Managers Need to Know About the ADA

04/25/2007
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