• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Disabled worker can’t do OT: Can we lay her off?

12/16/2010
Q. We’ve been accommodating a disabled employee by letting her skip overtime. Her doctor says she needs extra sleep. But now we need to lay off several employees and start requiring mandatory overtime. Can we terminate those employees who can’t do overtime? That would include the disabled employee.

West Palm eatery settles ADA HIV-by-association lawsuit

12/13/2010
When managers at Callaro’s Prime Steak and Seafood Restaurant learned that an employee’s relative was HIV-positive, it asked the worker to take an AIDS test. Now the West Palm Beach restaurant is paying the employee $10,000 to settle the resulting EEOC disability discrimination lawsuit.

GINA’s effect on wellness programs

12/09/2010
To help you better understand your obligations under the Genetic Information Nondiscrimination Act of 2008 (GINA), we’ve assembled these resources:

Court orders medical record release in EEOC case

11/30/2010

Here’s a case that might make some employees think twice about going to the EEOC with a failure-to-hire complaint. A court has ruled that employers being sued by the EEOC have the right to review job applicants’ medical records—including mental health notes.

Physical therapy not always sign of disability

11/30/2010
Employees who need to take time off to attend physical therapy to deal with an injury may believe they’re disabled under the ADA. And they assume the time off must be a reasonable accommodation. That’s not necessarily true.

Don’t be so quick to say ‘no’–seriously consider every ADA accommodation request

11/24/2010

Managers must resist the temptation to reject out of hand any employee request for reasonable accommodations. To do so would be a big mistake. The ADA requires employers to engage in an interactive process to determine if an employee is entitled to an accommodation and what that accommodation should look like.

Courts crack down on workers who wait years to sue

11/24/2010
Courts are losing patience with employees who think they can sue their employers years after alleged discrimination or harassment.

Which one is tougher: NJLAD or the ADA?

11/24/2010
Some New Jersey employers don’t fully realize that it’s far easier for an employee to claim disability under state law than it is under the ADA. And if an employer underestimates its state obligations, it might fail to accommodate the employee. And that probably means a lawsuit.

With eye toward defending disability lawsuit, track medical condition before termination

11/19/2010

The 9th Circuit Court of Appeals has concluded that a former employee can’t use his physical condition at the time of trial to prove he is disabled. Instead, he must show that, at the time he was employed, he had a condition that substantially limited a major life function. The ruling is good news for employers.

EEOC: U.S. Steel blew it with random alcohol testing policy

11/15/2010
The EEOC has sued U.S. Steel—with Illinois operations in Granite City—because the company’s policy of randomly testing probationary employees for alcohol allegedly violates the ADA.