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ADA

Mandatory overtime and the ADA

06/22/2009

Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours?

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.

On-demand leave isn’t reasonable accommodation

06/12/2009

Some employees think that any disability that periodically acts up entitles them to unlimited time off. Sometimes, courts view extra time off as a reasonable accommodation, but there are limits.

OK to deny reinstatement if returning worker can’t perform essential job functions

06/05/2009

Employees who have been injured may try to return to positions for which they are no longer qualified because they still suffer limitations on the work they can do. Employers are free to deny reinstatement if the employees’ new limitations mean they can’t perform the essential functions of their jobs, even with accommodations.

Suspect worker isn’t disabled? See if he’s working elsewhere

06/05/2009

Some employees have minor medical conditions they claim make it impossible to perform some aspect of their jobs. They want accommodations, assuming they will meet the ADA disability definition. If you want to challenge such a disability claim, check to see whether the employee is working elsewhere.

How can we prepare for a flu pandemic?

06/05/2009

Q. I am very concerned about the H1N1 flu outbreak, especially if it flares up again this fall. Are there are steps I should take to prepare my business if an employee contracts the illness?

How to cope with a seriously ill employee: 4 steps

06/01/2009
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Are you ill prepared? 13 steps to stay ahead of the H1N1 virus

06/01/2009

In light of the H1N1 virus pandemic scare, now’s the time to make sure your organization has an effective pandemic plan in place. As public health officials prepare for a vaccination campaign this fall, here are 13 steps you can take to deal with H1N1.

So an employee tells you she’s seriously ill … now what?

05/27/2009

It’s sad enough when an employee becomes seriously ill. What makes it tougher is that work doesn’t stop. Deadlines remain, customers need service and paperwork piles up. Mistakes can mean not only hurt feelings but also potential legal liability problems. Here are four ways supervisors and HR can handle such situations with tact and legal skill.

Offering help at interview doesn’t mean you regard applicant as disabled

05/27/2009

As an employer, you’ve probably learned to ignore apparent disabilities because you could end up violating the ADA if you inquire about disabilities. That doesn’t mean, however, that you’ll run afoul of the law if you do something as simple as offering assistance to an applicant who is having trouble navigating stairs or getting on the elevator.