Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. And if one of those disabled persons decides he lost a job (or didn’t get a job) because of illegal disability discrimination, you could wind up in court defending against an ADA claim.
Make sure any medical tests you require are truly related to the job and based on legitimate business necessity.
Recent case: Larry Rohr was working as a welding supervisor when he developed type 2 diabetes and had to start taking insulin in addition to following a strict diet. He also developed high blood pressure.
He asked for a number of accommodations to help him manage the disease at work, including exemptions from having to climb and work in heat. Until his diagnosis, Rohr usually worked in an office and only occasionally did his duties take him outside or require him to climb. He argued...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Equal opportunity for women trumps even outrageous reaction to resignation
- Employer controls which accommodation to offer
- Union, hospital settle case based on 'dirty linen' accusations
- Severance: Say goodbye on good terms when forced to downsize