The ADA prohibits discriminating against qualified individuals with a disability, as long as they can perform the job’s essential functions with or without accommodation.
The ADA also prohibits employers from performing medical tests or asking questions that are likely to make an employee reveal a disability. Even so, employers must know about their workers’ disabilities in order to provide a safe workplace.
The H1N1 influenza virus added a note of urgency to the need to understand the ADA’s privacy requirements.
Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.
WHAT’S NEW: The World Health Organization (WHO) has declared a pandemic for the H1N1 flu virus. The EEOC recently issued guidance to employers on how to gather information necessary to cope with pandemic flu conditio...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Handle supervisor harassment with a good policy, timely investigation and independent review
- Objective promotion process makes retaliation claim harder
- Handle absence problems correctly; learn ADA, FMLA interplay
- New York Workers' Compensation Law