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ADA

Rely on doctor’s orders when making ADA call

10/07/2008

Under the ADA, employees who aren’t actually disabled can nonetheless sue employers if the employers erroneously perceive them to be disabled. But there’s good news on this arcane ADA front …

Alcoholism isn’t always an ADA disability

10/07/2008

Employers sometimes forget that just because a condition has a name and can be serious, it doesn’t always mean it’s a disability. In one recent case, an admitted alcoholic who had undergone inpatient treatment was deemed not to be disabled under the ADA and therefore not entitled to reasonable accommodations …

How to make sure request for ADA accommodations blows up: Do nothing

10/03/2008

The ADA requires employers to provide disabled employees with reasonable accommodations if those accommodations allow disabled employees to perform the essential functions of their jobs. Flat-out ignoring an accommodation request is the absolutely wrong thing to do. Instead, carefully consider every request …

Remind bosses: You’re liable for disability discrimination

10/03/2008

Having trouble persuading managers and supervisors to report ADA accommodations requests? Tell them they may be held personally liable for disability discrimination under Ohio state law, a much harsher fate than they would meet under the federal ADA …

Prepare now for changes resulting from ADA Amendments Act

10/03/2008

On Sept. 25, President Bush signed the ADA Amendments Act of 2008, providing greater protection to disabled employees under the ADA. The amendments, which passed the House and Senate with broad bipartisan support, dramatically expand the class of people who are entitled to protection under the ADA.

Keep careful track of ADA conversations

10/01/2008

Trying to come up with a reasonable accommodation for a disabled employee? Need more information on her limitations before you can look for possible open positions that may allow her to work? Make sure someone takes charge of coordinating the process so nothing falls through the cracks …

Start new accommodations process if disability worsens

09/26/2008

Some disabilities get worse with time. An accommodation that allows an employee to perform the essential functions of her job today may not work as well in six months or a year. That’s why it’s important for HR to stay on top of the employee’s disabling medical conditions …

Learn all about the ADA Amendments Act of 2008

09/24/2008

HR Specialist will be covering the ADA Amendments Act of 2008 in depth. We’ll catalog all our stories on this page. Consider bookmarking it so you can check back regularly to see what’s new.

Trouble in the air: The legal ailments of sick-building syndrome

09/24/2008

Although it may seem like the far-fetched excuse of an employee hoping to take a few days off from work, a condition known as “sick building syndrome” (SBS) is real. Some employees suffering from SBS have brought claims under the ADA. Others have sought recovery under state workers’ compensation laws …

Court rules sex is a ‘major life activity’

09/23/2008

Alexander Bondarenko, a letter carrier, sued the U.S. Postal Service for constructive discharge and disability discrimination. The Postal Service argued Bondarenko wasn’t disabled because his back bad did not substantially limit a “major life activity,” as the ADA requires. Bondarenko disagreed. He said the back injury left him unable to have recreational sex …