ADA

When workers’ comp and disability collide: 100% disabled worker may deserve accommodation

05/20/2011

Don’t make a common employer mistake and assume that someone who is declared 100% disabled under a workers’ compensation claim can’t also be entitled to reasonable accommodations for a different job.

Note accommodation offers, employee’s response

05/20/2011

Employers and disabled employees are supposed to engage in an interactive process to decide on reasonable accommodations. It should be a two-way conversation. If you suggest possible accommodations and the employee either turns them down or doesn’t follow through, make sure you create a solid, contemporaneous record of the discussions.

When do the new rules for implementing the ADA Amendments Act (ADAAA) go into effect?

05/13/2011

Q. When do we have to start paying attention to the final regulations implementing the ADAAA?

Do disabled workers have extra rights during layoff?

05/12/2011

Q. We have several temporary positions we must fill. A disabled applicant is qualified and we want to hire him but are worried we won’t be able to terminate him after the position ends. Are there any rules that require us to retain him?

Short illness does not an ADA disability make

05/11/2011

The 11th Circuit Court of Appeals has rejected the notion that a short illness with few long-term consequences is a disability covered by the ADA.

Lessons from LEAP 2011

05/03/2011

Last month, The HR Specialist hosted the 7th annual Labor & Employment Law Advanced Practices (LEAP) Symposium in Las Vegas. Here are a few nuggets of insight and advice from the more than 30 attorney speakers:

Get ready now! New ADAAA regs will mean more litigation

04/28/2011

In the two years since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective, employers have begun to experience its profound impact. Now the regulations for implementing the ADAAA have been finalized. Since courts generally defer to such reasonable administrative interpretations, these regulations will be an important factor in future ADA cases.

New ADA regulations = more cases to trial

04/27/2011

The EEOC recently issued long-awaited final regulations to the ADA Amendments Act, clarifying many of the confusing provisions contained in the 2009 law. The final regulations further expand the ADAAA’s goal of broadening the definition of “disability” under the ADA. As a result, a greater number of employees will be covered under federal disability law and be eligible to file ADA-related claims.

Try to settle FMLA claims: Appeals court says you don’t need DOL’s prior approval

04/25/2011

The 4th Circuit Court of Appeals has finally settled a key question: Can employers and employees settle FMLA disputes without having to get either court or Department of Labor approval? The court said yes, such cases can be settled between the parties without outside interference. That’s good news.

Are there any legal issues to consider now that we’re hiring only ‘careful’ workers?

04/20/2011

Q. Recently, several employees suffered work-related injuries shortly after we hired them. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed us to hire only “careful” workers in the future. Is this legal?

ADA