ADA

Indefinite leave of absence isn’t a reasonable accommodation

05/01/2003

Providing a leave of absence is one way to “reasonably accommodate” disabled employees. But the Americans with Disabilities Act (ADA) doesn’t require you to wait …

Workers can’t demand telecommute option

04/01/2003

Don’t be bullied by a disabled employee who says you must let her work from home as an Americans with Disabilities Act (ADA) accommodation. It’s true that a reasonable …

Keep medical data private, even if new HIPAA rules don’t apply

04/01/2003

We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply …

Anyone can challenge medical inquiries, not just disabled workers

03/01/2003

Don’t let your guard down when interviewing someone who doesn’t appear to suffer from a disability. If you ask an illegal question, anyone can hit you with …

Your safety rules outweigh employee ‘personal appearance’ rights.

03/01/2003

Company dress codes will withstand any legal challenge if they’re gender-neutral and involve a legitimate business reason. Recent example: A county prohibited …

Doing half a job is not a reasonable accommodation request

02/01/2003

After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn’t have any disability that would prevent him from doing …

Offer accommodation, but don’t mandate extra leave

02/01/2003

Q. We’re afraid that a previously injured worker returned from medical leave too early. Can we require him to take additional leave if it’s obvious that the injury is still hurting his job performance? —M.D., Wyoming

True ‘disability’ limits employees’ life activities, not just job tasks

01/01/2003

After less than a month on the job, Mark Mack was put on leave when an injury prevented him from lifting and kneeling, both of which were required for his job …

Rein in abusive managers: Even ‘Flip Wilson’ claim sways jury

12/01/2002

You’d think that 12 jurors wouldn’t look kindly on an armed robber’s claim that job discrimination drove him to rob a convenience store with a sawed-off shotgun. But you would …

What’s a ‘reasonable’ ADA accommodation? See new guide