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ADA

Develop process for extending FMLA leave

02/28/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.

Must we indefinitely retain injured employee who has been out on workers’ comp?

02/19/2014
Q. We have an employee who has been out with a work-related back injury for more than six months. We have not received any indication from her doctor about when she will be able to return. Must we keep her on workers’ compensation leave status indefinitely? Do we have to indefinitely hold open her job?

ADA: You may not have to honor employee’s request for gradual return to work

02/19/2014

It may be a reasonable accommodation to grant additional time off after a disabled employee has used up her FMLA entitlement and other leave. But what if the disabled employee wants a gradual return to work, easing back in by working part time?

Light duty and the Pregnancy Discrimination Act

02/18/2014
Sometimes, it may be appropriate to offer light-duty assignments to pregnant employees. However, there’s a right way and a wrong way to handle those accommodations.

Corning nursing home settles GINA, ADA lawsuit

02/18/2014
The Founders Pavilion nursing home in Corning will pay $370,000 to settle charges it violated the Genetic Information Nondiscrimination Act and the ADA. The problem: The facility asked job applicants about their family medical histories during post-offer, pre-employment physical examinations.

Smell alcohol on employee’s breath? What to do now

02/07/2014
When you smell alcohol on an employee, or receive reports that an employee smells of alcohol, you need to act fast to protect everyone’s safety—but not so fast that you mishandle the situation. Follow these guidelines.

Disabled staff: How much slack must you give?

01/31/2014

Supervisors and HR are usually leery about lowering the discipline hammer on employees with disabilities. But they don’t need to be. An employee’s disability status is irrelevant as long as you can prove that you punish all em­­ployees equally for breaking the same rule.

Henderson nursing home settles disability discrimination suit

01/28/2014
The owners of the Britthaven of Hen­­der­­son nursing facility has agreed to pay a former cook $50,000 to settle charges it refused to accommodate her disability.

ADA: Medical restrictions matter, not duration

01/24/2014
For many years, employers felt safe denying accommodations for allegedly disabled employees when it was clear that their medical conditions were temporary and not permanent. That’s no longer the best approach.

Firm that serves disabled settles ADA complaint

01/24/2014
Vallejo-based Pace Solano has settled charges it violated the ADA when it withdrew an employment offer after discovering the applicant’s disability. Pace Solano provides services for Solano County citizens with developmental disabilities.