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ADA

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

When employee suggests cheap accommodations, it’s worth your while to consider agreeing

11/13/2009

Sometimes, it makes sense to make an accommodation even if you aren’t entirely convinced the employee is disabled or that the accommodation will work. Think of it as a risk/benefit analysis. If the requested accommodation is easy to implement and doesn’t cost a lot, why not make it? It’s probably much cheaper than defending an ADA lawsuit.

Needing less stress at work isn’t enough to create an ADA disability

11/13/2009

Employees who suffer from some psychological disorders may need a less stressful environment. But if being stressed out at work is the only impairment the underlying condition causes, chances are they won’t meet the definition of “disabled” under the ADA. Therefore they aren’t entitled to an ADA accommodation.

ADA return-to-work case costs Sears $6.2 million settlement

11/13/2009

Retail giant Sears will pay $6.2 million to disabled workers it refused to accommodate. The EEOC sued Sears after uncovering more than 100 employees who claim the company refused to discuss accommodations before firing them.

Are there any automatic disabilities according to the new ADA Amendments Act regulations?

11/13/2009

Q. I understand that the EEOC proposals to implement the ADA Amendments Act (ADAAA) favor a broad interpretation of the term “disability.” Are there any impairments that would always qualify as a disability?

What’s a disability? New EEOC regs explain ADA Amendments

11/09/2009

The EEOC has finally issued 93 pages of proposed regulations explaining how employers should implement the ADA Amendments Act (ADAAA), which took effect on Jan. 1. The ADAAA expands the definition of “disability,” allowing many employees to be protected under the ADA for the first time.

Employee may be gone, but e-mails requesting ADA accommodations must live on

11/09/2009

Here’s a record-keeping requirement you may not be aware of: Employers must keep any written requests for ADA accommodations for at least one year. That includes requests received via e-mail. If you routinely purge information from computer hard drives or servers when employees quit, are fired or retire, you may be in violation of the requirement.

Consider ADA needs, FMLA requests separately

11/09/2009

Employees who aren’t disabled under the ADA can still be eligible for FMLA leave because a health condition can be serious without being a disability. That means you really need to consider requests for ADA accommodations separately from any requests for FMLA time off. Don’t make the mistake of assuming that denying an ADA accommodation means you can deny FMLA leave, too.

Can we require employees to get flu vaccine?

11/09/2009

Q. Can I require my employees to be vaccinated against the flu? I am concerned about the impact H1N1 will have on my business if it spreads among my employees, and a large group needs to take time off.

Can I hold obesity against job applicants?

11/09/2009

Q. Can I implement a rule against hiring people who are overweight?