• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Lawsuit alleges ADA violation? Check if employee actually requested accommodation

10/23/2017
Employees are entitled to reasonable accommodations for disabilities in order to perform the essential functions of their jobs. But employers don’t have to guess whether an employee needs an accommodation—the employee must ask for help.

ADA: Always at least consider employee’s preferred accommodation

10/18/2017
Employers aren’t required to provide disabled employees with the exact accommodation they request, but that doesn’t mean that they don’t have to at least consider it. And whatever accommodation the employer does decide to use must be both reasonable and effective.

No boss comments on language skills, hearing

10/18/2017
Here’s an important reminder to pass on to supervisors and managers. Don’t comment on a subordinate’s accent or mispronunciation of common words. Doing so can create a hostile environment based on national origin. The same goes for comments about an individual’s ability to hear.

Be alert for positive drug test results caused by meds used to treat disabilities

10/16/2017
Do you perform drug tests on employees suspected of being under the influence of intoxicants or illicit drugs? Be aware that some positive test results may be due to legal prescription drugs required for the treatment of disabilities.

Make sure your good records are dated, too

10/12/2017
When it comes to litigation, employers that keep meticulous performance records and can pinpoint exactly when they made important employment decisions typically fare better than those who keep sloppy records.

October spotlights disability employment

10/12/2017
October is National Disability Employment Awareness Month, and newly confirmed Secretary of Labor Eugene Scalia is urging employers to step up recruiting and hiring disabled workers.

Necessary psych exam doesn’t violate ADA

10/03/2017
Under some circumstances, an employer may be fully justified in requiring an employee to undergo a psychiatric or other medical exam. Doing so won’t violate the ADA if it is job related and consistent with business necessity.

FMLA and NY Paid Family Leave Law and Disability Benefits Law

09/07/2017
It’s time to answer some of the trickier questions about the interaction of the FMLA, the New York Paid Family Leave Law and the state’s Disability Benefits Law.

Here’s what not to say to EEOC investigators

09/07/2017
A supervisor for Regional International Corp., located near Rochester, said precisely the wrong thing to an EEOC investigator after an employee filed an ADA complaint against the company.

ADA access obligation applies to customers and public as well as employees

09/07/2017
When thinking about disability accommodations, don’t focus solely on disabled employees. If you serve the public, the ADA requires you to consider your disabled customers’ needs, too.