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Employment Law

Don’t require returning workers to be ‘100 percent healed’

07/01/2001
After recuperating from a back injury, Dana Henderson received clearance from her doctor to return to work at Ardco, with limitations. She wasn’t allowed to stoop or bend, …

Try to offer same job to returning worker, not just same title, salary

07/01/2001
Linda Cooper operated a locomotive, but when her personal problems pushed her into depression, she was forced to take a series of leaves of absences. Eventually, Cooper’s doctor cleared her …

Don’t drag feet on accommodation; delay can equal discrimination

07/01/2001
Part of Rose Selenke’s job as a radiology technician involved developing mammography films. She suffered from sinus problems and frequently complained about fumes in the darkroom. The first time her …

You can limit domestic partner benefits to same-sex couples

07/01/2001
If you’re thinking about extending benefits to employees’ domestic partners, be prepared to defend any limits. When the Chicago school board decided to extend spousal health benefits to domestic partners …

During FMLA, you can pay exempt workers by the hour

07/01/2001
The job description for Doris Rowe’s position as a bus company supervisor noted the job was “FLSA: EXEMPT.” She was paid a fixed salary every two weeks regardless of the number …

Failing to transfer allergy sufferer may violate ADA.

07/01/2001
William Woods’ doctor recommended that Woods leave central Texas to alleviate his severe allergies. Woods said his employer refused a transfer but suggested he resign and then reapply at its location …

Tell employee the complete reason for firing.

07/01/2001
Rodney Smith was told he was being fired from his probation officer’s job because he violated the employer’s drug and alcohol policy. In court, the county claimed Smith was fired for …

Driving isn’t a major life activity

07/01/2001
After Charlotte Chenoweth was diagnosed with epilepsy, her doctor ordered her not to drive until it was under control. Because her nursing job involved driving to different sites to review files, …

Unsigned contracts can lock you in

07/01/2001
After negotiations to open a new restaurant, a company gave chef Roland Schnider a final draft of a three-year employment agreement that covered salary, benefits, bonuses and an ownership interest in …

Make sure your accommodations are on par with Casey Martin ruling

07/01/2001
The U.S. Supreme Court’s decision that the PGA Tour must allow disabled golfer Casey Martin to ride in a cart during tournaments isn’t based on employment law, but that doesn’t mean …