ADA

Lawsuit-free hiring: The 5 laws you need to know & 4 steps you need to take

01/06/2010

When it comes to employment lawsuits, HR is a lot like flying an airplane: The most risky parts of the trip are at the takeoff (hiring) and the landing (dismissal). With hiring, you can limit the employment-law risks by following the legally safe steps and training supervisors to do the same.

2009 in labor and employment law, from A to Z

01/05/2010

Our friends at the law firm of Fisher & Phillips LLP recently published this entertaining look at the employment law year that was. From A (the American Recovery and Reinvestment Act) to Z (zealously), 2009 was a busy year for those who track employment law trends.

Evaluating employee before return to work? Know difference between medical, agility tests

12/25/2009

Under the ADA, employers aren’t allowed to subject employees to medical tests unless they can prove that the examinations are job-related and consistent with business necessity. However, they can ask employees to perform agility tests. The line between the two is difficult to find. But get it wrong, and you may have an ADA discrimination case on your hands.

Agreement with DOJ aims for a more accessible Wilmington

12/24/2009

The city of Wilmington has entered into an agreement with the U.S. Department of Justice (DOJ) to make the city more accessible to people with disabilities. Under the agreement, the city will make physical modifications to its government facilities so parking lots, routes into the buildings, entrances, public telephones, restrooms, service counters and drinking fountains are accessible to persons with disabilities.

Go ahead and grant ‘disability leave’— but don’t assume employee is disabled

12/23/2009

Employees sometimes assume that if their employer approves a request for disability leave, they must be disabled and are therefore entitled to reasonable accommodations when they return to work. That’s simply not the case. Many times, what’s called “disability leave” is really FMLA leave, based on the employee’s serious health condition. But those conditions are frequently temporary and wouldn’t qualify as a disability under the ADA.

Call lawyer about new accommodation class

12/22/2009

The 9th Circuit Court of Appeals, with jurisdiction over California employers, has ruled that the federal Rehabilitation Act covers discrimination claims brought by an independent contractor. The Rehabilitation Act applies to federal agencies, government contractors and organizations that receive federal funding.

Document your concern about employee before ordering a fitness-for-duty exam

12/17/2009

The ADA prohibits employers from demanding fitness-for-duty exams unless the exams are “job related and consistent with business necessity.” Employers can demand an exam if they have a reasonable belief that an employee’s medical condition will impair his or her ability to perform essential job functions or will pose a safety threat. If you believe either is the case, document your objective and reasonable beliefs before demanding the exam.

Remind supervisors: Don’t assume disability

12/11/2009

An employer that assumes an employee is disabled and then fires him or even just treats him differently than other employees may end up with an ADA lawsuit. That’s because the employee may not actually be disabled—but can still sue for disability discrimination based on the employer’s presumption that he is.

Make sure attorney coordinates your response to disability retirement claim and ADA defense

12/11/2009

Employees who manage to win both disability retirement benefits and an ADA case get the best of all possible worlds—a regular retirement check, plus a lump-sum jury award for their employer’s failure to accommodate their disability. Employees can pursue both claims if they can show that, with an accommodation, they could have performed their jobs. But if it’s very clear from their testimony in the disability retirement case that they couldn’t possibly perform their jobs under any circumstances, then their ADA cases will be dismissed.

Insist on attendance for all—disabled or not

12/09/2009

Under the terms of the ADA, disabled employees have job protection—if they are able to perform the essential functions of their jobs, with or without accommodations. But those accommodations have to be reasonable. If you consider attendance an essential job function, courts probably won’t compel you to allow disabled employees to miss unreasonable amounts of work.

ADA