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ADA

SSA disability isn’t automatic ADA disability

12/12/2008

For years, employers tried to argue that an employee who received federal Social Security disability payments couldn’t claim she was also covered by the ADA and entitled to reasonable accommodations.

Remember, you—not employee—choose ADA accommodation

12/12/2008

Employees who need some form of reasonable accommodation to perform the essential functions of their jobs may have very specific ideas about the best way to accommodate their needs. But those may not be best for the employer. Employers are free to offer the accommodations they prefer as long as they are effective.

An ADA accommodation that doesn’t make scents

12/12/2008

U.S. District Judge Lawrence Zatkoff gave Susan McBride, a Detroit Planning and Development Department employee, approval to proceed with her lawsuit over a co-worker’s perfume.

Legal drug, legal drug test … and a legal mess for the employer

12/11/2008

Employers routinely require applicants to whom they have extended job offers to take tests for illegal drugs. If they pass, they get the jobs. If they don’t, employers can legally rescind the offers. But here’s a case in which an employer completely mishandled this everyday procedure, and now will probably pay a high price.

What should we do about employee’s bright solution to seasonal affective disorder

12/09/2008

Q. With the change in the seasons, an employee who claims to suffer from seasonal affective disorder wants to put up a special lighting fixture by her desk that she says will provide natural-spectrum light. Some employees complained last year when she put up this light that it was bothersome and distracting to them. Do we have to let the employee use the light? What do we tell other employees?

Former TV producer ups the ante in disability suit

12/08/2008

Erin Primmer, former producer of “The Montel Williams Show,” has increased the amount of her disability discrimination lawsuit against CBS by a whopping $3 million. Primmer claims she was wrongfully fired after she collapsed from a brain aneurysm in 2007 …

‘Business necessity’ may become new ADA focus

12/05/2008

Beginning this month, the new amendments to the ADA take effect. Among those rules is one that says employees are disabled even if they can mitigate the effects of that disability with medication or other aids …

Your guide to medical confidentiality under the ADA and the FMLA

12/04/2008

Both the ADA and the FMLA have strict requirements for how employers must handle employees’ confidential medical information. HR professionals need to know these rules to comply with both acts—and to avoid expensive legal liability for failing to do so.

When a collection company calls, may we disclose employee medical info?

12/04/2008

Q. May an employer provide an employee’s medical information to a collection company?

Temporary disability leave over? Carefully handle employee’s return to work

12/04/2008

An employee who has been on temporary disability leave and whose leave is about to expire may be eligible for reasonable accommodations under the ADA. A smart employer will try to ease the return process by proposing a solid return date to the employee and inviting him to contact the company with any questions or concerns.