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ADA

Employee leaves in ambulance: How much to disclose?

12/01/2007

A reader of the Forum section of our free HR Weekly e-letter posed this question: “An employee was taken from work by ambulance with chest pain. For privacy reasons, we didn’t give any details to staff. Some were upset they weren’t informed or updated. Did we handle this correctly?” Here’s how some HR professionals replied …

Is employee disabled or not? How to make the ADA call

12/01/2007

It’s happened to most HR specialists—a supervisor calls and says an employee claims he’s disabled so he can’t work the night shift or lift anything heavier than a ream of paper. Plus, the employee wants extra breaks beyond those everyone else gets because his disability tires him easily. How do you respond? …

USERRA: Know your duty to returning disabled soldiers

12/01/2007

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave. It also prohibits job discrimination against military or ex-military personnel. But a lesser-known USERRA provision deals with how employers must handle soldiers who return from active duty with injuries or other disabilities. USERRA is similar to the ADA …

Must we pursue reasonable accommodation if employee could never return to work?

12/01/2007

Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? …

Pre-Employment inquiries and the ADA

12/01/2007

Q. Can an employer ask a job applicant whether he or she can meet the company’s attendance policy? …

Scents and … sensible policy: Must you accommodate ‘Chemical sensitivity’?

11/27/2007

A recent survey found that potent scents ranked #4 on the list of employees’ workplace pet peeves. Yet for some who suffer from multiple chemical sensitivity, strong odors aren’t just an annoyance—they’re a real health concern. Is it serious enough to warrant ADA accommodation?

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 …