Productivity / Performance

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.

Will we violate the ADA if we enforce our legitimate lifting restriction?

11/10/2008

Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?

Missed lunch invitations, cramped office aren’t enough to warrant lawsuit

11/07/2008

Sometimes, you find out pretty quickly that someone you hired isn’t going to work out. While the final decision to terminate may take some time, many supervisors naturally start giving the cold shoulder to bad hires. Such a blow-off may be crass, but it’s not the kind of behavior that commonly puts an employer on the losing end of a lawsuit.

New ADA amendments law expands employee disability rights

11/06/2008

Effective Jan. 1, 2009, employers with 15 or more employees have a new set of ADA rules to contend with. President Bush signed off on a law significantly amending the ADA in September, greatly changing how employers must handle disabled applicants and employees.

Demand fitness exam when performance slips

11/04/2008

You don’t have to ignore a sudden and shocking deterioration in an employee’s performance and behavior. You can and should ask for a fitness-for-duty exam. Just be prepared to discuss possible accommodations if it turns out the employee is disabled.

When USERRA conflicts with changing organizational needs

10/30/2008

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants service members re-employment rights when they notify their employers of their intent to return to work after being released from active duty. But what happens when an employer finds that its business needs have changed while the employee was on active duty? …

ADA protections don’t cover independent contractors

10/28/2008

Independent contractors aren’t covered by the ADA, as the following case shows …

What if a disability accommodation might cause morale problems with other employees?

10/28/2008

Q. An employee whose doctor says she cannot stand for long periods of time recently requested an accommodation. The employee requested the opportunity to sit on a stool while she works. We are concerned that giving this employee a stool will prompt other employees to request seats of their own, even though they do not have the disability she does. Do we have to accommodate her request, knowing that it could lead to significant morale problems?

Warn bosses: Don’t exclude from ‘inner circle’

10/27/2008

Train all bosses to avoid even the appearance of favoritism. Explain that excluding anyone from an “inner circle” may trigger a lawsuit, especially if those on the “in” list are largely members of the same protected classification as the supervisor or manager. Something as simple as speaking a common foreign language with select subordinates can trigger a lawsuit …

Discipline only after documenting work slippage

10/24/2008

Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach …