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ADA

You can enforce ‘last-chance’ pacts with on-the-ropes employees

01/01/2004
Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They’re common in cases involving alcohol abuse, drug abuse …

Not all ADD, ADHD diagnoses qualify as protected ‘disability’

01/01/2004
Unfortunately, the Americans with Disabilities Act (ADA) doesn’t come with a laundry list of conditions that qualify as disabilities. So what about attention deficit disorder (ADD) or attention deficit hyperactivity disorder …

You can set ‘no rehire’ policy for workers fired for misconduct

01/01/2004
The Supreme Court last month handed employers more power to set and enforce policies that deny rehiring to employees fired for misconduct. The court said such “no-rehire” policies are valid reasons …

ADA and diabetic workers;
know your legal obligations, limits

12/01/2003
The incidence of diabetes in the United States is rising. More than
17 million people over age 20 are diagnosed with diabetes, so you face a good chance of having …

Steer clear of cutting sick worker’s job in half

12/01/2003

Q. One of our full-time employees, age 60, is ill and expected to be out six months. We’d like to make her position part time, because we need to hire an additional part-timer in another department. Essentially, we’d like to split her full-time job into two part-time positions. Is this legal? —D.H., Texas

When can you ask employees about their prescriptions?

12/01/2003
Issue: The Staten Island Ferry crash in October raised the issue of when you can investigate employees’ prescription use. Risk: You could spark an ADA suit by asking too many …

Accommodate workers’ eating needs when it’s medically necessary

11/01/2003
You must accommodate employees with disabilities. But what’s technically considered a “disability” under the Americans with Disabilities Act (ADA)? The law says it’s any physical or mental impairment that limits one …

You may need to offer flex schedule as ADA accommodation

11/01/2003
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, …

Can you accommodate disabilities you don’t know about?

11/01/2003
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can …

Prevent managers from interfering with employees’ ADA rights

10/01/2003
You know that you can’t retaliate against employees who request accommodation under the Americans with Disabil-ities Act (ADA). But in addition to this anti-retaliation rule, the law includes a little-known “interference” …