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ADA

ADA doesn’t give employee freedom to redefine his job

08/01/2004

Q. One of our employees has been out on disability leave for almost 16 months. He says he wants to return to work, but only if we give him a supervisory position without a lot of strenuous activity. We have no such position available. We’ve offered him other positions, but he’s refused them all. Can we legally terminate him? —L.B., North Carolina

Beware of disability-rights law during job interviews

07/01/2004
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States aren’t immune from ADA lawsuits, high court says

06/01/2004
The Supreme Court ruled May 17 that disabled people can sue state governments for failing to provide them access to courthouses, voting booths or other public services.
Previously, states had …

Lessons from the court: job evaluations, break-time pay

05/01/2004
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Alcoholics may be protected by ADA, but don’t tolerate at-work drinking

04/01/2004
You may be surprised to discover that the Americans with Disabilities Act (ADA) may protect workers who are alcoholics, even if they currently drink. To earn ADA protection, an alcoholic’s addiction …

Include ‘work-on-site’ requirement in job description

04/01/2004
Issue: Must you include a position’s most obvious requirements, such as working at the job site, in employees’ job descriptions? Risk: Misunderstandings can spark lawsuits from employees who are eligible …

Smoke out users who try to beat your drug tests

04/01/2004
Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with …

Err on the side of stating the obvious in job descriptions

03/01/2004
It’s clear that some jobs require employees to work on site and work alongside others. But must you state that fact in every job description? The following case says “No,” you …

Wear kid gloves with accommodation requests; they are ‘protected activity’

03/01/2004
Alert managers that they can’t demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees …

Major revision planned for ADA’s access rules

03/01/2004
In January, a government panel approved the first major update of Americans with Disabilities Act (ADA) regulations since 1991. That move revises the ADA’s Accessibility Guidelines, which govern how organizations must …