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ADA

Minor lifting restriction? You probably don’t have to accommodate under the ADA

06/01/2007

The ADA is designed to help disabled Americans work to their full potential. But the law wasn’t meant to apply to everyone with minor aches, pains and ailments. That’s why most employees with light lifting restrictions aren’t covered by the law …

Employee caught in detergent sting loses disability case

06/01/2007

An inventory manager lost a discrimination lawsuit against the Atlanta Community Food Bank because he failed to meet the ADA’s disability standard …

Pregnancy and ADA

06/01/2007

Q. An employee we hired two months ago has been absent frequently. She just informed us that: She is three months pregnant; is often too sick to work due to her pregnancy; has been told by her doctor that she can work only part-time for the next several months; and might be on bed rest for the last two months of her pregnancy. It is necessary for her to perform her job on a full-time basis without excessive absences. Is pregnancy covered under the ADA? Can we terminate her to hire someone who will be there full-time?

Ban smoking or ban smokers? How far can you legally go?

05/15/2007

Thirty states and the District of Columbia have established “lifestyle discrimination” laws that prohibit employers from discriminating against employees or applicants based on the person’s off-duty use of tobacco or participation in other legal though controversial activities …

No accommodation offer necessary at termination meeting

05/01/2007

Courts have consistently ruled that deaf employees are entitled to sign language interpreters during training sessions…. They may also need specialized equipment or software to perform their jobs. But do you need to provide an interpreter or specialized equipment during a disciplinary meeting? …

Want a script that will land you in court every time?

05/01/2007

Try this one: A New York City school psychologist who suffered from asthma and migraines approached an incoming principal about continuing his accommodations, which included an air-conditioned office. The principal allegedly replied, “If you require an accommodation, you should get yourself a job that doesn’t require an accommodation” …

Does FMLA require leave to care for grandchildren?

05/01/2007

Q. The out-of-town daughter of our employee has been confined to bed rest during her pregnancy. The daughter is 24. Our employee has requested FMLA leave to be with her and take care of the grandchildren. Are we required to honor this request?—J.B.

Amputee fought discrimination, wins chance to fight fires

05/01/2007

The New Jersey Merit System Board has ruled that an amputee who wears a prosthetic leg must be reinstated to the hiring list of the Paterson Fire Department Academy, overturning the city’s attempts to bar him from entry …

You can force ‘Fitness for duty’ exam with good reason

05/01/2007

It certainly shouldn’t be a routine practice, but you can require employees to undergo “fitness for duty” examinations. The trick is knowing exactly when and why such an exam is legal—or not …

Revising crisis plan? Consider disabled workers’ needs

05/01/2007

In light of April’s shootings at Virginia Tech, organizations are taking a fresh look at their evacuation and emergency notification procedures. When you review yours, resist the well-intentioned temptation to lessen risk by shunting aside disabled employees …