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ADA

The smoke-Free workplace: complying with Florida law

10/01/2007

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of …

Easy come, easy go: Judge cuts huge discrimination award 92%

10/01/2007

Carol Tamao had won a $6 million verdict in her Age Discrimination in Employment Act and ADA lawsuit after her supervisor implied her age was a factor in her termination. But a federal judge ruled the jury got carried away when it started handing out her former employer’s money …

Deaf Ann Arbor man dogged by gas station discrimination

10/01/2007

A hearing-impaired man filed an ADA suit against an Ann Arbor gas station after an attendant ordered the man to leave the store. According to the complaint, Robert Hurdley entered Golfside BP in Ann Arbor on June 6 accompanied by his service dog. Hurdley, who can read lips, claims the attendant told him to leave because dogs are not allowed in the store …

You can provide ‘Accommodation’ without admitting disability

10/01/2007

Even if you aren’t positive an employee’s problems amount to a disability, don’t worry about offering an accommodation. You aren’t admitting the employee is disabled, nor are you “regarding” him or her as disabled. You can still challenge the disability without ADA liability …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …

Can you force a worker to get FMLA certification?

10/01/2007

Q. We want to run paid time off concurrent with FMLA leave so employees don’t receive more than 12 weeks off (paid and unpaid combined). What if an employee says she’s taking vacation time, but we know it’s for medical tests? Can we force her to get a medical certification so we can subtract the paid vacation time? —L.L., Georgia …

Encourage, don’t require, EAP counseling

10/01/2007

Q. When we discipline employees for behavioral issues, we typically tell them to meet with an employee assistance program (EAP) counselor. Can we require them to have at least one session, or does that violate the ADA? —J.M., Idaho …

Can we conduct medical exams before we make offers to out-of-state applicants?

10/01/2007

Q. My company would like to institute a policy of conducting medical examinations on out-of-state applicants when workers interview here for jobs. This would reduce the number of trips an applicant would have to make before beginning employment with our company. The test results would be sealed (so the information cannot be relied upon in making job offers) and would be reviewed only if we offered, and the applicant accepted, a conditional offer of employment. Would such an arrangement violate the ADA? …

‘Association’ with disabled no automatic assurance of leave

10/01/2007

The ADA makes it illegal to discriminate against employees because of their “association” with disabled people. But what about disciplining an employee for taking time off to care for the disabled person? According to a recent Pennsylvania case, that’s perfectly OK—as long as FMLA leave is not involved …

Don’t rely on broad diagnosis: Assess disability individually

10/01/2007

Millions of Americans have diabetes, and millions more have it but don’t know it. But with new medications and careful diet, most diabetics can control their condition and lead largely normal lives. That has implications for how employers handle their ADA obligations …