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ADA

You don’t need to accept disabled employee’s preferred accommodation—just a reasonable one

03/11/2010

Disabled employees and their employers often disagree about how to accommodate a disability. Employees sometimes mistakenly believe that they’re entitled to the exact accommodation they prefer. That’s just not true. The fact is, an employer has the right to pick the accommodation it prefers—as long as that accommodation is reasonable.

Be careful! Caregiver discrimination claims are on the rise

03/11/2010

In recent years, employees have begun filing more and more “caregiver” or “family responsibility” discrimination lawsuits. No federal or Minnesota law specifically addresses discrimination against caregivers. However, treating employees with caregiving responsibilities differently than other employees may violate various employment laws, including Title VII of the Civil Rights Act of 1964, the ADA, the FMLA and the Minnesota Human Rights Act.

We hear a worker is sick: What can we say?

03/10/2010

Q. We recently heard from a co-worker that an employee (“Mike”) seemed to be having some health issues. Mike hasn’t said anything to his supervisor or anyone else as far as we know. What can we say?

Dispense employee medical information only to those who truly need to know

03/05/2010

The ADA requires HR and employers to maintain strict confidentiality on any medical- or disability-related information. That means keeping it in a separate, secure file, away from prying eyes that have no business viewing the information. But confidentiality doesn’t apply just to paper or electronic records. Employers also have to make sure they don’t discuss such information with those who don’t need to know.

‘My disability made me do it’ argument fails to impress

03/04/2010

Some disabled employees believe that their disabilities excuse them from following the workplace rules other employees have to abide by. That’s not true. Case in point: An IBM employee was fired for accessing sexual materials on his work PC. He sued, alleging that post-traumatic stress disorder made him more vulnerable to addiction, including a compulsion to access sexually oriented materials. The court refused to entertain that argument.

Consider reassignment to open positions as accommodation

03/01/2010

Under the ADA, employers are obligated to make reasonable accommodations. Those accommodations may include transfer to an open position for which the employee is qualified. Failing to do so may attract EEOC attention.

ADA: Use these criteria to keep courts from second-guessing job’s ‘essential functions’

02/25/2010

The ADA requires employers to try to find reasonable accommodations so disabled employees can perform the essential functions of their jobs. It’s up to employers to determine which functions are essential. Courts rarely second-guess employers that follow a few simple rules when a disabled employee challenges the employer’s list of essential functions. Here are the factors courts consider:

Injured worker reapplying? Beware ADA suit

02/22/2010

You may be naturally disinclined to rehire a former employee who was off work for years because of an on-the-job injury. But that could be a big legal mistake, especially since he is now disabled.

Document accommodations process–especially if it breaks down over worker’s suggestion

02/22/2010

Disabled employees are entitled to reasonable accommodations of their disabilities under California’s Fair Employment and Housing Act (FEHA). That includes the obligation to engage in an interactive process to determine what, if any, accommodation is possible. If the process breaks down, employers that acted in good faith won’t be held responsible.

During an interview, can employers ask about ability to comply with attendance rules?

02/22/2010

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy?