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ADA

‘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.

Prepare for change when ADA Amendments Act takes effect next month

12/04/2008

The ADA Amendments Act of 2008, which goes into effect on Jan. 1, 2009, is designed to restore protections for the broad range of individuals with disabilities, as originally envisioned by Congress. The amendments were also meant to reverse several U.S. Supreme Court decisions that limited the ability of individuals to qualify as disabled …

Personnel records: Your guide to ADA and FMLA medical confidentiality

12/02/2008

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

One more reason to keep job descriptions current

11/25/2008

If you don’t have up-to-date job descriptions, you are asking for legal trouble the next time an employee asks for reasonable accommodations under the ADA. Without a current job description, the employee will come up with her own—quite possibly minimizing the essential functions she can’t perform.

Know the law: Simply taking FMLA leave doesn’t necessarily mean worker is disabled

11/25/2008

Generally, someone whose condition qualifies as a disability under the ADA is probably also entitled to FMLA leave when that disability flares up. But the reverse is not always true.

Say no to accommodations if ‘disability’ barely scratches the surface of credibility

11/25/2008

Employees have the strangest ideas about what constitutes a disability and whether they are entitled to a reasonable accommodation. For example, many people have minor phobias—let’s say a fear of spiders. That doesn’t mean employers have to provide a spider-free workplace.

ADA Amendments Act means changes for employees, employers

11/25/2008

Sweeping new ADA legislation passed earlier this fall will completely change the way employers manage disabled employees. The ADA Amendments Act of 2008 overruled four U.S. Supreme Court decisions defining disabilities under the ADA, thereby broadening the definition of disability …