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ADA

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

Workplace Drug Testing

01/01/2015

HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don’t manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits …

Accommodating Medical Marijuana

12/18/2014

HR Law 101: Currently, 23 states have legalized the use of medical marijuana. Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

Employee acting like a jerk? Don’t let him claim ‘the disability made me do it!’

12/11/2014
Some employees behave in ways that create an unpleasant environment for their co-workers and supervisors. There’s no reason to put up with bullies and other ill-behaved employees—regardless of the reason.

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014
Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

EEOC: BNSF violated ADA

11/03/2014
Fort Worth-based BNSF Railroad faces charges it withdrew a conditional job offer to an applicant for a security position.

Employer controls which accommodation to offer

11/03/2014
Some disabled employees seem to think that the accommodation they prefer must be the one they get as long as it meets the definition of “reasonable.” They’re wrong.

Consider job restructuring as disability accommodation

11/03/2014
These days, many employers are short-staffed, and feel like they can’t add anyone to payroll. Even so, it’s no surprise that disabled employees sometimes ask for accommodations that include providing help to do their jobs. Fortunately, employers don’t have to hire more staff to comply with the ADA.

New boss isn’t a reasonable accommodation

10/31/2014

Employees who claim that the stress of working for a particular supervisor exacerbates or even creates a disability sometimes think they can request a new boss as a reasonable accommodation. After all, if one supervisor “caused” the disability, then having a different one might “cure” it, allowing the employee to successfully perform her job again. But courts don’t see it that way.

EEOC says medical inquiry violated ADA, GINA

10/14/2014
Shoreview, Minn.-based Cummins Power Generation faces a suit from the EEOC after it fired an employee who had missed work for refusing to provide medical information in conjunction with a fitness-for-duty examination. According to the suit, the company sought medical information that wasn’t related to the reason for the employee’s absence.