ADA

Nobel learns the hard way: ADA violations are costly

02/09/2011

For-profit education company Nobel Learning Centers (NLC), has agreed to settle charges it excluded disabled children from its programs in violation of the ADA. Although the settlement involves ADA public-access issues, it has important implications for employers.

Can I ask about attendance without violating ADA?

02/07/2011

Q. When interviewing prospective employees, will I violate the ADA by asking how many days of work they missed during the past year at their prior jobs?

Safety for all: Ensure evacuation plans comply with the ADA

02/02/2011

Although we usually think of the ADA in terms of helping disabled people perform their jobs with or without accommodations, the law also has important workplace safety implications. Under the ADA, you must make sure your emergency evacuation plans take into account the needs of disabled employees. Some issues to consider:

It’s OK to punish drunk worker for misconduct, but not for his disability

01/31/2011

Disabled employees sometimes think they can use their medical conditions to get away with misbehavior. That’s simply not true. Employers can and should punish behavior that is disruptive, wrong or breaks company rules, even if that behavior may be tangentially related to a disability of some sort.

How should learning disabilities be documented?

01/28/2011

Q. We have an employee who claims he has a learning disability and needs accommodations. What kind of documentation can we ask for? And do we have to pay for a medical assessment?

Threat of suicide justifies medical exam

01/26/2011

Employers are sometimes nervous about demanding that an employee undergo a medical exam. They fear doing so somehow violates the ADA. If an employee threatens suicide or some other violent act, it’s legal for an employer to order a fitness-for-duty exam.

Supreme Court: Fiancé of complaining worker has retaliation protection

01/25/2011

The Supreme Court on Jan. 24 ruled that the fiancé of a woman who filed an EEOC discrimination complaint was protected from retaliation by their mutual employer and can now sue for retaliation. The case has important implications for all employers: It’s more important than ever to make sure your discipline policies pass the no-retaliation test.

EEOC’s banner 2010 set record for discrimination claims

01/18/2011

Last year, the EEOC handled more complaints than ever, and employers paid out a record $404 million. Topping the list of EEOC claims: retaliation. Preventing retaliation will be a focus of the HR Specialist’s LEAP Conference, set for March 30-April 1 at the Mandarin Oriental in Las Vegas.

Employers don’t have unlimited right to dig for psychiatric records

01/14/2011

When an employee sues you and you know or suspect he may be mentally unstable, it’s tempting to dig for mental health records—perhaps to question his credibility. But if the employee isn’t claiming mental damages, don’t count on even accessing those records.

Former employee sues Mayo Clinic