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ADA

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

01/14/2011
A former Mayo Clinic employee has sued the famed Rochester medical center for discrimination under the ADA and the Minnesota Human Rights Act.

Call lawyer about worker’s perceived disability

01/07/2011

It may seem like the obvious move: If an employee has a medical condition that makes it impossible to do her job safely, then it makes sense to terminate her. Not so fast! Consult your attorney before you fire her.

Update job descriptions to include new duties

01/03/2011

If you don’t have accurate and up-to-date job descriptions, you’re probably courting trouble—especially if an employee develops a disability and wants a reasonable accommodation. That’s because what an employee considers a job’s essential functions may not jibe with your assessment.

Feel free to punish boorish misconduct, even if employee blames it on disability

12/21/2010

Disabled employees sometimes think they can use their medical conditions to get away with misbehavior. That’s 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.

Cooperation, patience can stop ADA claims

12/21/2010

Sometimes, supposedly disabled employees try to play their employers by piling on new, incessant demands for reasonable ADA accommodations. For better or worse, it’s often best to just go along, especially if the accommodation won’t cost much. It could keep you out of court.