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ADA

Tale of two cases: How to avoid costly FMLA and ADA mistakes

09/03/2008
Two recent cases exemplify how easy it is for an unaware and unprepared employer to run afoul of employment laws. In one, an employer’s handbook promised more benefits than the law required the company to provide. In another, the employer transferred a disabled employee apparently just to ease a supervisor’s discomfort with dealing with a disabled staff member …

Don’t let disability assumptions lead you to believe employee can’t work at all

09/02/2008

Employers that wrongly regard injured employees as disabled by refusing to consider them for any open positions may be setting themselves up for “regarded as disabled” litigation. The ADA makes it illegal to discriminate against employees by assuming they are disabled when they are not …

Discrimination costs Alamosa schools $240,000 plus

09/02/2008
A Denver jury has awarded a former school administrator $240,000 for discrimination she suffered based on a perceived disability. Discrimination based on a perceived disability violates the ADA …

Sex is a ‘Major life activity’

09/02/2008
Most people probably think so, but the U.S. District Court, District of Colorado has now made it official: Recreational sex is a “major life activity” under Title I of the ADA. The case involved a former letter carrier who resigned after being passed over for numerous promotions …

What managers need to know about the ADA

09/01/2008
When you’re faced with an employee or applicant who may have a physical or mental disability, your legal antenna should go up right away. That’s because the complex Americans with Disabilities Act (ADA) gives qualified disabled people special rights in the workplace. Here’s what a manager needs to know about the ADA: Who is protected? […]

Don’t assume disability: Let applicant or employee bring it up

08/25/2008
The ADA makes it illegal to discriminate on the basis of a covered disability or to discriminate because of a perceived disability. An employer’s belief that an applicant or an employee has a disability—even if she does not—is enough to trigger liability if the employer acts on that belief and refuses to hire or discriminates based on the perceived disability …

Supervisor’s ignorance of the law isn’t enough to justify punitive damages award

08/22/2008
Although there are serious consequences when supervisors don’t know how to comply with workplace anti-discrimination rules, their ignorance of the law won’t necessarily result in a costly punitive-damages award if you get sued …

May we demand applicants pay for medical exams?

08/22/2008
Q. Our company requires applicants for certain classes of jobs to have medical examinations as a condition of employment. Can we require the potential employee to pay the costs of the medical examinations? …

When disciplining, focus on problems unrelated to FMLA or ADA disability

08/19/2008
You don’t have to fear being sued for ADA or FMLA violations just because you discipline a disabled person. Just as with any other employee, you can discipline if you focus on the tasks not completed and the rules broken. When it comes to attendance infractions, carefully document tardiness and absences that are not related to the employee’s disability or serious health condition …

Ensure handbook doesn’t make FMLA promises you can’t keep

08/13/2008
An Indiana employer must now respond to charges it misled employees when it promised FMLA benefits in its handbook, even though the company is too small to be covered by the FMLA. The case, recently decided by the 7th Circuit Court of Appeals, shows the problems that arise when employers promise more than they are willing to deliver in their employee handbooks …