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ADA

ADA: AIDS and HIV

03/28/2007

HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA …

ADA: Hiring Practices

03/27/2007

HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person’s ability to perform a job’s essential functions …

ADA: EEOC Enforcement

03/23/2007

HR Law 101: The EEOC has taken a proactive approach to enforcing the ADA’s protections for disabled workers. In addition to issuing enforcement guidelines, the agency has settled many cases for substantial sums.

Employment Laws: Compliance Thresholds

03/15/2007
White Paper published by The HR Specialist, copyright 2007 ______________________ Federal employment laws can be terribly confusing, particularly because they often have different definitions for the size of a business that is exempt from the law. Use the following list to make sure you’re not spending time and money complying with laws that only apply […]

ADA: Drug and Alcohol Addiction

03/12/2007
HR Law 101: The ADA protects recovering and former addicts, but not current users of illegal drugs. The law also covers workers who are alcoholics, but that doesn't mean you have to tolerate them coming to work drunk …

Workers’ Compensation Insurance

03/08/2007

HR Law 101: Workers’ compensation insurance provides compensation to employees who are injured or disabled on the job. It pays for medical treatment, loss of wages during a period of disability and compensation for permanent disability or disfigurement …

How to handle disabled applicants who bring a ‘Job coach’ to the interview

03/01/2007

In many states, vocational programs pair disabled residents with “job coaches,” who help them find appropriate work and adapt to those jobs. Since the ADA also requires employers to make reasonable accommodations during the hiring process, make sure job coaches are welcome in your interviews

Offer half-Day FMLA leave regardless of the burden

03/01/2007

It’s important to know how your responsibilities differ under the ADA and the FMLA. The ADA requires you to allow part-time work as an accommodation only if doing so is reasonable for your company’s operations. But under the FMLA, employees have the unconditional right to intermittent leave, including working part-time for an extended period

You can suggest FMLA leave without triggering ADA liability

03/01/2007

What do you do if you think an employee, especially one whose performance is declining, could benefit from taking FMLA leave? Do you plant the suggestion or wait until the employee approaches you? The fact is, you can suggest FMLA leave for a serious health condition and not run afoul of the ADA …


Release EAP information on a ‘Need to know’ basis

03/01/2007

Employee assistance programs (EAPs) can help employees regain an edge lost to problems like alcohol abuse. But it’s a good idea to keep mum about an employee’s participation in the EAP …