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ADA

Don’t be bullied to create permanent light-duty job

11/01/2002
After injuring her shoulder, assembly-line worker Tamara Watson wasn’t able to do many tasks required for her job. To aid her recovery, the company temporarily limited her to lighter duties that …

Not all vision impairments qualify as disabilities

11/01/2002
Several UPS employees who could only see out of one eye claimed their sight was a disability and that UPS’ policy of not allowing them to drive a truck was discriminatory …

Supreme Court tackles ADA case clarifying 15-employee definition

11/01/2002
Companies that have 15 or more employees are covered under the Americans with Disabilities Act (ADA). But do the company partners or shareholders count toward that total? The Supreme Court has …

Don’t deny ADA accommodation due to ‘potential’ seniority break

10/01/2002
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes …

Be cautious with FMLA firings; ADA, FMLA can overlap

10/01/2002
When Diantha Smith was diagnosed with breast cancer, she took medical leave covered by the Family and Medical Leave Act (FMLA). While she was on leave, her employer became concerned that …

When Can You Fire a Disabled Worker?

09/01/2002

Q. We’ve had a disabled worker on staff for five years. He’s consistently absent or tardy and has trouble working with others and keeping up his job duties. We adjusted his hours, but his poor work forced us to reassign some of his duties and even hire another person to help carry the load. What can we do? —F.F., Texas

Rehiring ex-addict? Get proof of rehab

08/01/2002
Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in …

Don’t wait for disabled to ask: Accommodation is two-way street

08/01/2002
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn’t clock in and out correctly, resulting in paycheck errors. Birton’s mother gave his manager …

Tear down accommodation hurdles; don’t make worker formally apply

08/01/2002
When Howard Shapiro, a 15-year city employee, became disabled in a work accident, he couldn’t continue his paramedic job. So he made repeated requests for accommodations and identified several vacant positions …

Tread Carefully With Drug Test, Psychiatric Help

08/01/2002

Q. Can we suggest psychiatric help for an employee who we suspect may be having trouble with substance abuse? And can we require a random drug test? —H.J., Texas