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ADA

Accommodating hearing-Impaired employees, applicants

11/01/2006

The EEOC, the federal agency that enforces the ADA, recently issued guidance to help employers accommodate hearing-impaired employees and applicants. The guidance provides employers with real-life examples of hearing-impaired employees and what rights they possess under the ADA …

Brush up on ADA compliance; state EEOC offers free training

10/01/2006

Think your managers and supervisors could use a refresher course on complying with the Americans with Disabilities Act? Contact EEOC Pennsylvania, which offers free seminars at its regional offices …

Must you rehire a disabled former employee?

10/01/2006

Q. One of our employees went on disability after a motorcycle accident. We terminated him at his request, as he wanted to cash out his 401(k). His doctor recently released him from disability, and he’s seeking re-employment for a different position. Our owner is concerned that if he doesn’t offer the ex-employee a job, we may face legal retribution. And he’s concerned that if we do bring him back, we’ll end up with a workers’ comp claim from a slip/fall injury. Do we have any obligation to rehire this employee? —B.O., Pennsylvania

Texas employer honored for disability hiring

09/01/2006

The EEOC recently honored Fluor Corporation of Sugar Land, Texas, as one of seven companies across the country cited for their efforts in promoting inclusion of people with disabilities in the workplace …

Thwart ADA Claim by Pointing to Good-Faith Efforts

09/01/2006

The ADA requires employers to work with disabled employees to arrive at a reasonable accommodation. But that doesn’t mean you have to give employees exactly the accommodation they want …

Troopers Cite ADA and Privacy in Lawsuit Over Call-In Policy

09/01/2006

The Pennsylvania State Troopers’ Association has filed a lawsuit against the state police, arguing that troopers shouldn’t have to tell their duty desk the specific reason they’re calling in sick. The association alleges that the call-in policy violates the ADA because it may force troopers to disclose a disability …

State Pays Out Nearly $4 Million After Firing at-Will Employee

09/01/2006

If you’ve ever wondered how much it costs an employer to defend a discrimination lawsuit, a Pennsylvania case may provide the answer …

5 tricky issues in accommodating mental disabilities

09/01/2006

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions … and more?

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.

EAP hotline calls may trigger ADA, FMLA awareness

08/01/2006

Many employers offer employee assistance programs (EAPs) to help employees with personal problems. But be aware that if you communicate directly with counselors who take employees’ calls, you may trigger legal liabilities under both the ADA and the FMLA. That’s especially true if an EAP counselor suggests that the employee needs time off or some other accommodation …