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ADA

Mandatory firing after year’s absence doesn’t violate ADA requirements

04/07/2008
Does your organization have a blanket policy that limits time off for any reason to no more than 12 consecutive months? If you apply that policy evenhandedly, you don’t have to worry that it violates the ADA’s requirement that you provide reasonable accommodations …

No light-Duty jobs open when employee returns? You don’t have to retain him

04/07/2008
Sometimes, injured employees use up all the leave their employer or the law allows before they’re ready to return to work. If the employee isn’t disabled as defined by the ADA, you can remove the employee from the payroll. (He may still be eligible for workers’ compensation payments.) …

Good health incentives in the workplace

04/01/2008
Q. Our staff is wondering why we haven’t implemented a wellness program at work to motivate people to learn and practice good health habits. Are there any restrictions on this? …

Not a close call: Claustrophobia isn’t an ADA disability

04/01/2008
Not every mental or physical condition is a disability under the ADA. Consider claustrophobia. Though the condition, which involves the inability to remain in a confined space such as an elevator, may be a legitimate psychiatric condition, it does not necessarily prevent those who suffer from it from living a relatively normal life …

Beware using medical costs as employment factor

04/01/2008
It may be tempting to refuse to hire an applicant who could raise your health insurance costs. By the same token, it may seem like a good idea to terminate employees who keep filing expensive health insurance claims for themselves or their dependents. Don’t do it! The penalties for such discrimination can be high …

Bathroom breaks may be mandatory

04/01/2008
Welcome another set of employees to those covered by the ADA: employees who have bladder problems and can’t be far from a restroom at any given time. An employer will have to decide whether a particular employee’s need for bathroom breaks means she can’t perform the essential functions of her job or should be reasonably accommodated …

Disabled employee must be able to perform

04/01/2008
Chrysler hired Loretta Steward in 1997 as an hourly employee at its Viper plant in Detroit. In October 2004, Chrysler placed Steward on medical restrictions because of hand, shoulder and neck pain. The restrictions, which limited her lifting to 10 pounds or less, prevented Steward from performing her job …

How one rude employee can spark a disability lawsuit

04/01/2008
Employees can get frustrated. Sometimes, they even act rudely. But a new ruling highlights a legal risk you may not have thought about: An employee’s rude treatment can quickly turn into an ADA lawsuit if the customer is disabled …

Handling a disability claim: step by step

04/01/2008
Q. We recently terminated an employee who couldn’t get his work done on time (and basically couldn’t sit still). He had told his supervisor before that he had attention-deficit hyperactivity disorder (ADHD), but that wasn’t taken into consideration. Now he’s threatening to sue. Are we at risk, and should we settle? — A.L., Connecticut …

If employee tacks on emotional distress claim, you can ask for medical records

04/01/2008
Employees and their attorneys often add additional claims to a main discrimination claim as a way to up the ante and push for bigger settlements or larger verdicts. One of those additional claims is often for “intentional infliction of emotional distress.” Before you agree to settle a case involving an emotional distress claim, push to discover whether the supposed damage is legitimate …