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ADA

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.

Disabled employee wants open position? That may be a reasonable accommodation

06/01/2011
Employers have an obligation to reasonably accommodate disabled employees. They can’t just ignore an accommodation request—especially if it involves the relatively simple step of placing the employee in an open job.

Consider ADA issues once FMLA, personal leave expire

05/27/2011
Do you automatically terminate employees who can’t return to work after exhausting FMLA leave and personal leave? That could violate the ADA.

New ADAAA regs now in effect! Get ready for more lawsuits

05/24/2011
The final regulations for implementing the Americans with Disabilities Act Amendments Act of 2008 went into effect today. In the two years since the ADAAA was enacted, employers have begun to experience the law’s profound impact. With the final regs in place, expect courts to view them as the law of the land. They’re sure to be the critical factor in future ADA cases.

When workers’ comp and disability collide: 100% disabled worker may deserve accommodation

05/20/2011
Don’t make a common employer mis­take and assume that someone who is declared 100% disabled under a workers’ compensation claim can’t also be entitled to reasonable accommodations for a different job.

Note accommodation offers, employee’s response

05/20/2011

Employers and disabled employees are supposed to engage in an interactive process to decide on reasonable accommodations. It should be a two-way conversation. If you suggest possible accommodations and the employee either turns them down or doesn’t follow through, make sure you create a solid, contemporaneous record of the discussions.

When do the new rules for implementing the ADA Amendments Act (ADAAA) go into effect?

05/13/2011
Q. When do we have to start paying attention to the final regulations implementing the ADAAA?