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ADA

Can we fire for incomplete medical cert?

08/01/2007

Q. An employee recently has contracted a serious health condition for which she requests FMLA leave. The medical certification form, completed by her physician, does not indicate the probable duration of her condition. Can we suspend the employee for the physician’s failure to submit a sufficiently complete medical certification form? …

Mere psychiatric diagnosis does not a disability make

08/01/2007

Not everyone who has a diagnosed psychiatric condition is disabled and entitled to protection under the ADA. Before you authorize reasonable accommodations or allow a psychiatric condition to become an excuse for poor performance, decide whether the condition rises to the level of a covered disability …

Think you have a drug-Free workplace? Think again

07/17/2007

If you think your workplace is drug-free, chances are you’re wrong. According to a new government survey, one of every 12 U.S. workers uses illegal drugs. That’s up from earlier surveys. Here’s more on the trend and what employers can do about it …

Mere lifting restriction doesn’t constitute disability

07/01/2007

The ADA protects disabled employees from discrimination and requires employers to provide reasonable accommodations. That doesn’t mean every minor impairment qualifies as a disability …

Use common sense to judge length of leave

07/01/2007

You’re not alone if you have struggled to decide how much time off to allow a dsabled eimployee. It’s one of HR’s trickiest issues …

Understanding religious accommodation in Illinois workplaces

07/01/2007

Illinois mirrors America’s growing diversity in many ways. Today, mosques occupy old churches; co-workers wear burqas and yarmulkes; and some employees request “prayer breaks”  …

Do applicants have to reveal disabilities during the hiring process?

07/01/2007

Q. We recently extended an employment offer to an individual who was later determined to be unable to perform the essential functions of the position due to a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Time off for special-needs child

07/01/2007

Q. Our office secretary is the backbone of our company. Her son is in special education, and she periodically asks for time off to attend various school conferences and meetings about his progress. I don’t want to be stingy, but her absences really create problems for us. Do I have to allow her to take time off for these meetings?

Vague disability isn’t an excuse for special treatment

07/01/2007

To make sure employees who really aren’t disabled don’t get special treatment, HR professionals need to understand what constitutes a disability and what’s just a minor ailment …

Document accommodation delays beyond your control

07/01/2007

The ADA requires employers to try to accommodate disabilities so workers can perform the essential functions of their jobs. Accommodation can include special equipment. But employers must not delay the accommodations process. If it takes too long to get the equipment a disabled employee needs, employers may be liable …