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ADA

DOT squeaks by drug-Test leak

11/01/2007

Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice …

ADA, Ohio disability-Discrimination laws don’t cut off other state claims

11/01/2007

Ohio has long recognized a common-law claim against wrongful discharge that violates public policy. For example, firing employees for filing a workers’ compensation claim would violate public policy. The same holds true for some claims that arguably would be covered by specific state and federal laws, such as the ADA and Ohio’s disability-discrimination law …

Family-Responsibility discrimination: A growing trend

11/01/2007

The EEOC has issued new enforcement guidance concerning disparate treatment of workers with caregiving responsibilities—or “family-responsibility discrimination.” The guidelines are designed to help determine whether a particular employment decision is discriminatory. Family-responsibility discrimination is not a new type of discrimination, but rather an application of the existing discrimination laws to a situation that is drawing increasing attention …

Partial blindness may not be an ADA disability

11/01/2007

The ADA doesn’t cover all disabilities—only those that substantially impair a major life function. There are many conditions, though serious, that don’t qualify as ADA disabilities. One of those is partial blindness. As the following case shows, unless poor eyesight affects important aspects of daily life, it’s not a protected disability …

No harm in accommodating, even without official ADA disability determination

11/01/2007

The ADA is a tricky law. Not only is it illegal to discriminate against applicants and employees with disabilities, but it’s illegal to perceive as disabled those who actually aren’t. It’s no wonder many employers fear that making accommodations might backfire. So they put off agreeing to accommodations and wait until they’re sure an employee really is disabled. But that’s the wrong response …

Time to care for adult children limited to ADA disabilities

11/01/2007

The FMLA provides employees with up to 12 weeks off to care for a child suffering from a serious health condition. But when the child is an adult, the rules change, making it much harder for employees to qualify for leave. Here’s why: FMLA regulations say that FMLA leave for children older than 18 is available only if the child is disabled under the definition in the ADA …

Consider ADA, discrimination, validity issues when using personality tests

11/01/2007

Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy …

Drawing the line on tardiness: the legal risks

11/01/2007

Q. We’re having tardiness and absenteeism issues with our employees. If we place an employee on probation for an excessive number of times tardy and days absent, can we require no absences at all during the probation period? —C.V., New Jersey …

It’s disabled employee’s burden to show qualification

11/01/2007

The California Supreme Court has made it easier for employers to comply with the disability discrimination provisions of the Fair Employment and Housing Act (FEHA). The court ruled that employees must prove they are qualified for the jobs they seek, not the other way around …

Leave-Of-Absence accommodation and the New Jersey Law Against Discrimination

11/01/2007

Q. I have an employee who has a handicap, as that term is broadly defined under the New Jersey Law Against Discrimination (NJLAD). It would not qualify as a disability under the ADA. I know that a reasonable accommodation under the ADA can include a short leave of absence. In the absence of an ADA disability, do I have to provide a leave of absence as an accommodation for a handicap under NJLAD? …