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ADA

Do we have to tolerate threats from bipolar worker?

10/17/2012

Q. After an employee threatened a co-worker with violence, we gave her a warning. When she did it again, she told her boss she was bipolar and going through a prescription change. She was unaware she made the comments. Do we have to tolerate this behavior now that we know she may be disabled?

ADA: Stand by truly essential job functions

10/12/2012
Courts usually defer to an em­­ployer’s designations of essential job functions as long as there’s a clear, reasonable explanation of why they are essential. That’s true even in compelling ADA cases where it’s clear a disabled employee is capable and could do the job if only she didn’t have to perform just one of those functions.

Can we require a diagnosis on a doctor’s note?

10/11/2012

Q. Our policy says that if employees are out due to illness or hospitalization for three days or more, they must provide a doctor’s note that includes a diagnosis. Someone said we can’t demand the diagnosis. Is this true?

ADA accommodations for caregivers?

10/09/2012

Under the ADA, employees who associate with disabled individuals can’t be discriminated against. But that doesn’t mean you are obligated to accommodate any schedule needs, provide additional time off or otherwise accommodate the employee so she can care for the disabled child.

Try to accommodate chemically sensitive worker–but don’t be surprised if it’s impossible

10/02/2012
Some people claim they are ex­­tremely sensitive to chemicals and that their condition is a disability that must be accommodated under the ADA. Employers then have no choice but to start the interactive accommodations process. But if the list of chemicals is long and if it’s impossible to remove them from the work environment, you can try your best and may still have to admit defeat.

Remind supervisors: Absolutely no comments about employee’s pending EEOC complaint

09/26/2012
There are some words that should never come from a supervisor’s mouth—including any statement that would seem to encourage an employee to drop an EEOC complaint. That just about guarantees that a retaliation or interference lawsuit will go to trial should anything adverse (like a discharge or demotion) happen to the employee to whom the supervisor was speaking.

Reasonable accommodation? Not employee’s call

09/26/2012

Some disabled employees think the ADA allows them to demand a particular accommodation and turn down their employer’s suggestions. That’s not true. Employees don’t have to like the accommodations you propose …

Are we allowed to fire a mentally ill employee who makes threats?

09/20/2012

Q. On three occasions, an employee threatened colleagues with physical violence. After the last incident, she explained to her manager that she is bipolar and going through a prescription change. She said she was unaware of making threats, was truly sorry and never meant any harm to anyone. Do we have to tolerate this behavior now that we know she may be disabled?

Can we insist that doctors’ notes include a diagnosis of an employee’s medical condition?

09/20/2012

Q. May we ask for a diagnosis when an employee ­requests a few days of sick leave? Or must we ­accept any doctor’s note without any explanation?

ADA alert: Make sure job descriptions spell out essential functions

09/20/2012

You don’t have to accommodate disabled employees who can’t per­­form the essential functions of their jobs under any circumstances. If making reasonable accommodations won’t help, the ADA doesn’t apply. But before you can make that argument, you must be able to show what those essential functions are.