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ADA

Protecting employment tests from legal challenges

07/01/2007

Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court …

Approach employee directly to discuss accommodations

07/01/2007

The ADA requires employers to make reasonable accommodations for disabled applicants and employees. And those accommodations must be based on an agreement between the disabled individual and the employer, using an “interactive process” …

Essential job functions may include shift work

07/01/2007

Q. We have a three-shift operation, and all employees are required to rotate and work on each shift. We are reviewing an employee’s request to be excused from moving from the day shift to the afternoon shift. The employee’s doctor says that his patient should not work the afternoon and midnight shifts for medical reasons, which we believe are valid. Are we required to honor this request? …

Injured Honda worker loses ADA suit

07/01/2007

A Columbus inspection-repair worker lost his ADA lawsuit against Honda because his disability left him unsuited to work in the plant …

Suggest alternative job, and let employee get clearance

07/01/2007

When a disabled employee asks for an accommodation, your organization is supposed to discuss the request and make suggestions …

Pregnant employees: Where can you draw the line?

06/01/2007

Pregnant employees and applicants are protected by two federal employment laws: the Pregnancy Discrimination Act and the FMLA …

FMLA time used up? Consider ADA before firing

06/01/2007

Q. An employee already took his 12 weeks of FMLA leave, but his doctors say he needs three to six weeks more. I want to terminate him because he isn’t ready to return. What’s the best way to go about it?—B.H., Florida

Work to accommodate disability, but know when to fold

06/01/2007

Disabled employees are entitled to reasonable accommodations for their disabilities in order to perform the essential functions of their jobs. But that doesn’t mean employers have to create a whole new job within the disabled employee’s capacities. All the ADA requires is an honest attempt to find solutions …

Under Ohio disability discrimination law, employees can go directly to court

06/01/2007

Most federal discrimination laws require employees who think they have been wronged to file a complaint with the EEOC or their state’s equivalent agency before going to federal court. But that’s not the case when it comes to disability discrimination cases brought under the Ohio Revised Code anti-discrimination provisions …

FCRA Is the Ticket to a Jury Trial for HIV-Positive Employees

06/01/2007

Florida’s courts have expanded protection for HIV-positive employees under the Florida Civil Rights Act. At first glance, the law appears to be a state version of Title VII of the federal Civil Rights Act and the ADA all rolled into one. But state court interpretation of the act may grant Florida employees protections they don’t have under federal law …