ADA

What can we ask job applicants? We want to make sure they can physically perform the work

04/20/2011

Q. We are looking to hire several new workers in our receiving department. The job will require lifting heavy boxes. Can we ask applicants about any current medical conditions or disabilities that would prevent them from doing so? Can we ask applicants to pass a physical test to see if they can fulfill the requisite job duties?

Weed out substance abuse with ‘one-strike’ rule

04/20/2011

Many employers have adopted strict drug and alcohol testing programs for all new hires—and strictly bar employment of anyone who tests positive. Now the 9th Circuit has ruled that applying the rule to a recovering addict is legal unless that addict can somehow prove that the rule discriminates against a class of disabled individuals—namely, recovering addicts.

Audit all discipline to ensure fairness, equity

04/15/2011

You never know where the next lawsuit will come from. That’s powerful incentive to make sure you treat all employees fairly. A simple self-audit of discipline can prevent many lawsuits.

Can we fire? Doctor added 3 months to injured worker’s restrictions

04/14/2011

Q. One of our employees broke his ankle while on vacation last summer and he has still not fully recovered. He has been on work restrictions from his physician since the accident, and those restrictions limit his ability to perform job duties that involve walking, standing or lifting. We have accommodated the restrictions, but we recently received a note from his doctor asking us to extend the restrictions for another three months. Do we have to do that or can we simply terminate the employee?

Who let the dogs in (and pigs and monkeys)?

04/01/2011

Since 1991, when the ADA gave disabled people the right to bring service animals into shops and other public buildings, a variety of animals became characterized as “service animals.” New Department of Justice regulations that took effect March 15 say only dogs (and miniature horses in some cases) now qualify as service animals.

When employee requests accommodation, beware overly cautious return-to-work conditions

03/31/2011

When employees who have had serious health crises return to work, employers often worry that they may not be able to work safely. While that may seem like a valid concern for employee welfare, courts seldom see it that way. In fact, if a returning employee also requested reasonable accommodations, refusing to let him return may amount to retaliation for protected activity.

Appeals court rules for employers on ADA

03/31/2011

There’s good news for Ohio employers worried about ADA compliance: The 6th Circuit Court of Appeals has refused to change the law on disability discrimination. A recent ruling upheld prior court decisions that said an employee can’t win a disability discrimination discharge lawsuit unless she can prove that her disability was the “sole” reason for the discharge.

EEOC issues final ADAAA regs

03/29/2011

The EEOC has issued final regulations for implementing the ADA Amendment Acts, clarifying many of the provisions contained in legislation that was enacted in January 2009. The likely result of the final regulations, according to employment law attorneys: More ADA cases will probably go to trial.

Hamilton’s Personal Touch in court over ADA allegations

03/04/2011

The EEOC has sued Hamilton-based Personal Touch Home Care, claiming it violated the ADA by failing to accommodate an employee who suffered from renal failure, chronic obstructive pulmonary disease and asthma.

Don’t grant unlimited leave as ADA accommodation