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ADA

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?

Sears pays $6.2 million in record-setting ADA class-action settlement case

11/03/2009

Sears agreed last month to a $6.2 million settlement with the EEOC over charges that it violated the ADA. This is the largest ADA settlement in a single lawsuit in ADA history.

Know the leave factors to consider when the FMLA and the ADA might both apply

11/02/2009

Many employers believe that if an employee needs accommodations for a disability that’s related to the same serious health condition covered by the FMLA, they don’t have to provide any additional leave once the employee has used 12 weeks of FMLA leave. That’s not always true. In fact, additional unpaid leave after FMLA leave has been exhausted may be a reasonable accommodation under the ADA.

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

Shine a light on SAD, ADA accommodations and the FMLA

10/30/2009

As the winter months set in, some people may notice that they feel more tired, experience weight gain or struggle to get out of bed in the morning. While the majority of people who experience these symptoms have nothing more serious than the “winter blues,” others suffer from a potentially debilitating condition known as seasonal affective disorder (SAD). Be careful not to brush off employees who complain of SAD.