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ADA

How to manage ‘job creep’ in today’s jobless recovery

06/30/2011
More than half of all employees have taken on new roles during the eco­nomic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem. Job creep has important employment law implications and it also means many of your job ­descriptions are probably outdated.

The EEOC, maximum leave policies and the new ADA amendments

06/30/2011
The EEOC is getting serious about helping disabled Americans. In early June, the agency held a public meeting on the use of leave as a reasonable accommodation. That move came just two weeks after the agency put its new ADA Amendments Act (ADAAA) regulations into effect.

Work the ADA process when it isn’t obvious an employee has a qualifying disability

06/30/2011

Sometimes, employees jump right into requesting reasonable accommodations, even if it’s not obvious they have a disabling medical condition. Does the employer automatically violate the law by refusing to consider the request? That’s the question the 5th Circuit Court of Appeals just answered.

Consider additional leave as ADA accommodation

06/28/2011
According to the EEOC, leave may be a reasonable accommodation. If you fire disabled employees without at least considering time off as an accommodation, you might be sued.

KobeWieland pays $84,750 to settle ADA suit

06/23/2011
A North Carolina man whose job offer was rescinded when KobeWieland Copper Products discovered he was missing several fingers will receive $84,750 under the terms of a settlement brokered by the EEOC.

Know ADAAA rules on accommodations for disabilities that can be medically controlled

06/23/2011
The 3rd Circuit Court of Appeals has sent a signal that it may now hold employers to a higher standard when it comes to employees whose disabilities are under control, but need time off to keep them that way.

Check your leave policies! EEOC looks at return-to-work issues

06/08/2011
Now is the time to review your return-to-work policies and practices for employees on leave. They need to be integrated without regard to the reason that prompted leave. Treating workers differently depending on the reason for their absence opens the possibility of a disability discrimination claim.

Just having a condition doesn’t confer ADA protection

06/03/2011
Some employees think that merely having a serious medical or mental condition is enough to warrant ADA protection. But that’s not true.

Keep all medical records confidential! Otherwise, normal lawsuit rules don’t apply

06/03/2011

Employers are used to breathing a sigh of relief when 300 days pass without learning that a former employee has filed a discrimination complaint with the EEOC or the New York State Division of Human Rights. They assume that missing the deadline means the employee won’t be able to sue. Not so fast!

Broward’s wellness program survives ADA court challenge

06/03/2011
A federal judge has dismissed a lawsuit challenging Broward County’s employee wellness program, which came under legal challenge after the county started charging $20 per paycheck to employees who refused to participate.