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ADA

ADA: Mental Disabilities

01/08/2014

HR Law 101: A few years ago, the EEOC released guidelines that clarify employers’ responsibilities in applying the ADA to workers with psychiatric disabilities. The law protects persons with mental disabilities, and employers must reasonably accommodate them …

Words matter at work: Beware these 5 ‘lightning rod’ terms

01/07/2014
Layoff or firing? Probationary or permanent em­­ployee? Using the wrong employment-related terminology with an employee can expose your company to costly lawsuits.

ADA: Employer gets to choose accommodation

01/07/2014
It’s the employer that gets to choose a reasonable accommodation for a disabled worker, not the employee. While a disabled worker may prefer one solution over another, that’s not relevant.

‘Current’ drug users may not be disabled

01/07/2014
Can employers fire drug addicts? Or are they disabled and protected under the ADA and the Texas Commission on Human Rights Act (TCHRA)? That depends on individual circumstances and the definition of “current” addiction.

Offer temp job to driver too injured to drive?

01/03/2014
Q. Recently, one of our delivery drivers was hurt at home and is now unable to drive. Should we offer alternative employment?

Accommodation delayed may be accommodation denied

01/03/2014
Act fast on reasonable accommodations requests. Lengthy delays may be viewed as an outright denial of accommodations.

Periodic depression may not be ADA condition

01/03/2014
Do you have an employee who sometimes becomes depressed and needs FMLA leave on an intermittent basis to deal with flare-ups? If so, he’s not necessarily disabled under the ADA.

OK to discipline disabled worker for rule-breaking

01/03/2014
Don’t worry that you can’t discipline disabled workers—if you can show that you punish all em­­ployees equally for breaking the same rule. An employee’s disability is irrelevant as long as you don’t cut slack for other employees while punishing the disabled worker.

ADA: Essential Functions

12/31/2013

HR Law 101: An employer needn’t hire a disabled person if he or she lacks the requisite skills, experience and education for the job in question. But if the deciding factor is the disability, you must prove that the condition interferes with what the ADA terms the “essential functions” of the job …

ADA: Reasonable Accommodation

12/30/2013

HR Law 101: Under the ADA, a “reasonable accommodation” enables a qualified individual with a disability to perform the job’s essential functions. But an accommodation is considered unreasonable when it causes the employer an undue hardship …