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ADA

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 …

Can we require worker to wear hearing aid?

11/21/2008

Q. An employee with severe hearing loss refuses to use his hearing aid. He works in a loud environment with forklifts and other hazards. Can we force him to wear the hearing aid or otherwise remove him from the floor? We think he’s endangering himself because he can’t hear someone warning him about a hazard.

What are the basic changes resulting from the ADA Amendments Act of 2008?

11/20/2008

Q. I have had a number of questions about recent amendments to the ADA. Can you provide a brief explanation of what the changes mean?

Breakdown of ADA interactive process may equal constructive discharge

11/10/2008

A recent federal appeals court decision shows how risky it is to ignore the interactive accommodations process spelled out in the ADA. In Talley v. Family Dollar Stores of Ohio (6th Cir.), the court held that the breakdown of the interactive process can, in and of itself, constitute a constructive discharge of an employee.

Will we violate the ADA if we enforce our legitimate lifting restriction?

11/10/2008

Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?

Can I fire an employee who is likely to develop a serious disease?

11/07/2008

Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?

Can we administer personality tests without running afoul of the ADA?

11/06/2008

Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?