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ADA

Must you reassign disabled staff to vacant jobs?

07/03/2013
Suppose an employee becomes disabled and can no longer physically do the job he was hired to do. Must you reassign the employee to another position within your organization that he could perform? In many cases, yes.

No cooperation on ADA accommodations? Then it’s time to consider termination

06/26/2013
Some disabled employees take the approach that it’s their way or no way when it comes to accommodations that would allow them to perform the essential functions of their jobs. Fortunately, employers have leeway in exactly which accommodation should be used.

New psych manual could open floodgates for disability cases

06/26/2013

The new version of the main psychiatric diagnosis manual, the Diagnostic and Statistical Manual of Mental Disorders, loosens the criteria for defining some rather ­ordinary conditions as mental illnesses. This could lead to many more employees claiming job-protected disabilities covered under the ADA.

How risky is it to fire a pregnant employee having attendance problems?

06/20/2013
Q. An employee has been with us for less than a year, so she isn’t yet eligible for FMLA leave. Last month she missed five days because her child had a high fever. She used available PTO for the time off. Last week, she was no-call/no-show for three days. She told the supervisor she had been hospitalized because of pregnancy complications and didn’t have access to a phone and was sedated. She provided a doctor’s note that released her to return to work, but stated that she may need to be put on bed rest. The supervisor would like to terminate her because we can’t afford to continue employing someone so unreliable. Can we do this?

Supreme Court won’t nix ADA reassignment

06/18/2013
The U.S. Supreme Court on May 28 let stand a lower court’s ruling that employers may be required to reassign a disabled employee to a vacant position as an ADA reasonable accommodation if the employee can’t perform his or her current job.

How to comply with the GINA genetic information law

06/07/2013
The Genetic Information Nondis­crimination Act was enacted in 2008. It pro­hibits employers from discriminating against employees on the basis of their genetic information.

Employees who need help with a disability don’t need to say ‘ADA’ or ‘accommodation’

06/05/2013
Under the ADA, employees don’t have to ask for an “accommodation” for their ailments. They merely have to provide enough information for you to realize that’s what they need. It’s up to you to understand their legal rights—then start the interactive dialogue to arrive at a “reasonable accommodation.”

Co-worker violence blamed on psychological disability: Can we ask for a medical certification?

06/03/2013
Q. An employee of ours accused a co-worker of threatening him with physical harm. When we confronted the accused employee, he attributed the behavior to his psychological disorder and to a recent change in his prescription. We would like to verify the em­­ployee’s claims. Are we permitted to ask the em­­ployee for medical certification of his disability and a doctor’s statement regarding his prescribed medications?

Employer pulls job offer, attracts ADA lawsuit

05/31/2013
The EEOC is suing Presbyterian Healthcare Associates in Charlotte, alleging it violated the ADA when it refused to hire a phlebotomist with a creaky knee.

Disabled worker can’t perform? OK to terminate

05/31/2013
Sometimes, it’s obvious that a disabled employee isn’t going to be able to perform her job, with or without accommodations. As long as you have documented your efforts to help, rest assured a court probably won’t fault you for terminating the employee.