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ADA

Don’t use weight as an excuse not to hire, no matter the cost

09/01/2003
Issue: Overweight employees cost you more in health care costs, and new research proves it. But you can’t discriminate against them.
Risk: More courts are saying that obesity is a …

Follow these 3 rules for conducting pre-hire medical tests

09/01/2003
Issue: Requiring a medical test before hiring an applicant is smart, but it carries legal risks.
Risk: A wrong step can trigger Americans with Disabilities Act (ADA) or privacy lawsuits …

ADA UPDATE

08/01/2003
A pair of recent Americans with Disabilities Act (ADA) rulings provide two important lessons for employers: First, have well-written job descriptions for each position …

Fact: Employers win large majority of ADA cases

08/01/2003
The American Bar Association’s latest survey of ADA employment discrimination cases says companies prevail 94.5 percent of the time in court and 78.1 percent of the time in administrative complaints …

Indefinite leave is not a ‘reasonable accommodation’

08/01/2003
Issue: How long must you accommodate medical-related leaves of absence?
Benefit: Court rulings give you legal backing to draw a line in the calendar.
Action: Don’t let employees …

Dyslexia and the ADA: Don’t Screen for Disability

07/01/2003

Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests? —F.D., Ohio

Don’t consider weight in hiring; obesity may qualify as a disability

06/01/2003
When weighing hiring decisions, make sure you don’t consider the applicant’s weight, unless it’s clear that it would prevent the person from performing the job’s …

Supreme Court: Fewer small firms covered by ADA, but check state law

06/01/2003
It’s clear that companies with fewer than 15 employees aren’t required to comply with the Americans with Disabilities Act (ADA). But do company shareholders …

Seek out tax credits for hiring certain ‘disadvantaged’ workers

06/01/2003
Want to save your company some money, and look good in the process? Point out the tax incentives available if your company hires people from certain …

Nondisabled workers can claim ADA retaliation

05/01/2003
Warning: As odd as it may sound, don’t believe you’re safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think …