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ADA

Excessive bathroom use: a real disability?

02/13/2012
Q. We have a couple of employees who get tardies for being late and their excuses have been that they’re in the bathroom due to a disability. So I follow them to the bathroom because I know they are lying. Am I breaking the law by following them? Is this considered harassment? It’s getting out of hand.

Know Minnesota’s disability law: State statute has lower threshold than federal ADA

02/09/2012
Under the ADA, employees who claim to be disabled must show that their condition substantially im­­­pairs a major life function. Min­ne­sota has its own version of the law. It requires that employees show their condition materially impairs a major life function. That’s a lower standard, but still a tough one for employees to prove.

Accommodate–don’t dismiss–disabled worker

02/09/2012
Disabled employees may have trouble doing their jobs without an accommodation. If you simply tell the employee to figure out a way to perform the job and refuse to help find an accommodation, the em­­ployee may quit and apply for unemployment.

Fed contractors face new disability staffing quotas

02/08/2012
The U.S. Office of Federal Contracts Compliance Programs (OFCCP) proposed a new rule that would require federal contractors and subcontractors to have at least 7% of their workforce contain people with disabilities.

Beware asking applicants about medical histories before making job offer

01/31/2012

Tempted to ask applicants about their past medical history, disabilities or other private information related to potential disabilities? Don’t do so before you make a job offer.

Asthma and allergies aren’t always disabilities

01/31/2012
Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that em­­ployers have to create an allergen-free environment.

What to do if disability emerges after offer

01/27/2012

Job applicants aren’t required to reveal dis­­abilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.

Never automatically fire employees just because they exhaust FMLA leave

01/25/2012
Many employers wrongly assume that they can automatically terminate an employee once she used up her 12-week entitlement of FMLA leave. Such a policy could spell trouble.

Can we ask about disabilities before hiring?

01/20/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?

Can mental health problems be covered by the FMLA in addition to the ADA?

01/20/2012
Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?