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ADA

Asking for Test Results Is OK if a ‘Business Necessity’

01/01/2006

The ADA prohibits you from seeking medical information simply to find out if the person has a disability. You can, however, seek such details to discover whether a person is medically fit to perform the job duties. Don’t shy away from every medical inquiry; just make sure it’s based on a legitimate business necessity …

Don’t give up on accommodations too early; show a ‘good faith’ effort

12/01/2005
When faced with a disabled employee, you must actively negotiate possible accommodations in good faith. That may seem obvious, but employers are constantly …

Know how to accommodate employee vision problems

12/01/2005
The EEOC just issued new guidelines that explain issues such as:
  • When a vision impairment qualifies as a “disability” under the ADA;
  • What questions you can ask job …

React quickly to disability accommodation requests

12/01/2005
Issue: The EEOC is targeting employers who drag their heels on employees’ disability accommodation requests.
Risk: Courts could see your delay tactics as illegal “constructive discharge” of disabled employees…

Make sure return-to-work requirements are reasonable

11/01/2005
When employees return from leave for an FMLA-covered illness or ADA-related disability, you naturally want to make sure they’re ready to resume work. After all, if problems linger, you may want …

Big changes proposed for ADA accessibility rules

11/01/2005
You may need to make new accommodations for disabled customers and employees if proposed regulations win approval. The Access Board, an independent agency …

Turn to Last-Chance Agreements for Legal Leverage

10/01/2005

Many employers use "last-chance agreements" to give employees one final opportunity to turn around attendance, productivity and attitude problems. Here’s good news if you use last-chance agreements on employees with drug and alcohol problems: The ADA and many state laws give you the leverage to keep employees clean … and fire them if they’re not …

Don’t drag your feet on employees’ accommodation requests

10/01/2005
Some problems will eventually go away if you wait long enough. But that’s not the attitude to take when employees request workplace accommodations for their physical or mental conditions.
The …

USERRA: Know your duty to returning disabled reservists

10/01/2005
THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against …

Drug testing is perfectly legal … if done properly

10/01/2005

Q. I have an employee who says that our drug-testing program is a violation of his constitutional rights. What can I tell him (or show him) to prove that we’re well within the law? —S.H., Texas