Question: “I suffer from adult attention deficit disorder (ADD). After a recent mishap at work, I mentioned this to my boss. She said she knew nothing about ADD but was glad I told her. Since then, I have noticed that she treats me differently. My co-workers talk about me behind my back and seem to think I’m not very bright, which is so far from the truth. What advice do you have for someone in this situation?" — D.F.
It’s getting dark out sooner. And with the darker season comes struggles for employees who suffer from Seasonal Affective Disorder (SAD). SAD is a form of depression in which a decrease of natural light triggers a mood disorder. So does that mean you may have to offer SAD sufferers a workspace near sunlight? Quite possibly, as a recent court ruled that “Natural light may be a medical necessity”…
Managers and supervisors are at the front lines of making decisions that often trigger lawsuits—promotions, pay raises, terminations and job assignments. But the most legally dangerous of all those situations is interviewing job candidates. Here are five questions that can reveal more about job interviewees, without risking a hiring discrimination charge.
Tell a lie about a co-worker? Never. But there are times your boss doesn’t need to know everything, says Nicole Williams, author of Girl on Top. Here are five things your boss doesn't need to know about you.
If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act, that person could be deemed “disabled” and entitled to reasonable work accommodations.
The Americans with Disabilities Act (ADA) has been in place for almost 20 years and was expanded this year to create even broader protections. If employees know their rights, and courts know them too, why don’t employers? Let’s see how a talk show ended up in the middle of a big courtroom drama …
Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.
You’re required to offer job accommodations to employees with qualifying disabilities. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is a clear “yes," especially this year …
Job discrimination claims are running at record-high levels in the past two years. Way too many problems start when hiring managers ask the wrong questions during job interviews. Here's how to ask five key questions without risking a hiring discrimination charge. (Plus 16 questions no one should ever ask.)
Q. We have an employee who has blood clots in her legs and whose doctor says she can work only 40 hours per week. She knew overtime was required when she was hired. Do we have to let her work a reduced schedule of just 40 hours?
Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown:
You must grant “reasonable” work accommodations to disabled employees. But what if the person’s disability could actually create a safety threat in the workplace? Must you still keep him in that job?
On April 1, the U.S. Supreme Court held that arbitration provisions in collective-bargaining agreements that clearly and unmistakably require arbitration of Age Discrimination in Employment (ADEA) claims are enforceable.
If you operate a business that is open to the general public, you’re legally obligated to make the premises accessible to disabled people. Similarly, you might update the facilities for disabled employees in your office. At least you can salvage some tax benefits when you modify the building: Build your renovation plans around the “disabled access credit.”
If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act (ADA), that person could be deemed “disabled” and entitled to reasonable work accommodations ...
Do you have employees who are required to drive as part of their duties? What should you do if they start taking prescription painkillers? Do you have to still let them get behind the wheel in order to avoid an Americans with Disabilities Act (ADA) claim? Or can you fire them for not being able to perform the essential functions of the job?
Last year, U.S. employees filed a record number of legal complaints claiming they suffered discrimination at work. You know that U.S. anti-discrimination laws require managers to treat all applicants and employees equally. But what, specifically, do the laws require of supervisors and managers? Here’s a rundown.
Do you have employees who are easily distracted, restless,
disorganized and forgetful? Maybe that’s just who they are—or maybe
they’ve been diagnosed with Attention Deficit Hyperactivity Disorder
(ADHD). It’s pretty common. About 8 million American adults suffer from
it. It’s an “invisible” disability, but one court recently said
employers shouldn’t be so fast to discount it. A disability is a
disability … whether you can see it or not.
It’s
smart to set reasonably lofty goals for employees. But is there a danger in
setting those goals too high? One court recently let a jury decide
whether a company’s higher-than-the-moon goals were discriminatory.
And, as we all know, once an employer is pushed off to a jury, it’s an
instant loss… in time, money and brand damage ...
Diabetes is the cause of 15 million lost workdays a year in the United
States and, starting in 2009, the ADA expressly makes diabetes a
covered disability. A new court ruling shows the legal risk caused by
supervisors who lack the understanding of (or compassion for) diabetic
symptoms, which sometimes include frequent urination …
Your employee handbook can be a helpful reference providing needed information, or it can turn into a weapon that employees and their attorneys can use against you in court. The choice is yours. Follow these four steps to make sure your handbook works for you, not against you.
HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified individuals with disabilities who can perform a job's essential functions with or without reasonable accommodation. All employers that have 15 or more employees must comply with the law ...
HR Law 101: Protecting yourself and your company from lawsuits starts the minute you decide to hire someone. Potential lawsuit land mines line your path. Federal laws provide a patchwork of legislation protecting workers and applicants from discrimination by employers ...
You’re legally obligated to make the business premises accessible to
disabled individuals. But it’s possible to defray part of the expense
with some smart tax planning.
The ADA Amendments Act of 2008 will become effective on Jan. 1, 2009. Now is the time to prepare for the impact. The new law effectively broadens the scope of protection offered by the ADA, which Congress found to have been narrowed in recent years by various U.S. Supreme Court decisions and EEOC regulations.
Your organization must make “reasonable" efforts to accommodate an employee’s qualifying disability. But, as a new
case shows, don’t be so quick to simply transfer that employee to another position. The ADA and many
state laws require you to first try to accommodate disabled workers in
their current jobs …
If you know an employee is suffering from depression, don’t be so quick
to accept his or her hasty resignation, a new court ruling shows.
Instead, you may need to identify this person as disabled under the
Americans with Disabilities Act (ADA) and, therefore, engage in an
“interactive process” to find a work accommodation …
The definition of a disability is now satisfied if a claimant shows that he has been subjected to an action prohibited by the Americans with Disabilities Act because of an actual or perceived impairment without regard to whether the impairment limits or is perceived to limit a major life activity.
October is breast cancer awareness month. And he statistical chances of having
female employees with breast cancer (or who are survivors of breast
cancer) are high. One court says you’d better not discriminate against
women with breast cancer or get ready to write a check with a pink pen
…
Congress gave final approval on Sept. 17 to legislation that will bring more Americans under the umbrella of “disabled” under the Americans with Disabilities Act (ADA). President Bush said he’d sign the bill. The bill reverses several court rulings from recent years that had limited the scope of ADA protections ...
Do some of your employees have
medical conditions that require them to sit while others have to stand?
Co-workers may gripe about unfair treatment if you provide a stool or
chair for that worker. But a new court ruling shows why “unfair”
actions are better than illegal ones …
Congress gave final approval on Sept. 17 to legislation that will bring more Americans under the umbrella of “disabled” under the Americans with Disabilities Act (ADA). Here's what the bill means to HR professionals and U.S. employers ...
HR Specialist will be covering the ADA Amendments Act of 2008 in depth. We'll catalog all our stories on this page. Consider bookmarking it so you can check back regularly to see what's new.
The ADA Amendments Act of 2008—signed by President Bush Sept. 25 and taking effect Jan. 1, 2009—will require HR professionals to thoroughly review all policies and practices involving employment of people with disabilities. Here's a run-down of the major changes under "the new ADA."
The ADA does not affect an employer’s right to hold all employees to basic conduct standards, and employers can apply the same performance standards to all employees, including those with disabilities. That’s the clear conclusion of a new ADA guidance document just issued by the EEOC.
Do some of
your employees work in hot conditions? If those workers have heart
conditions, they may be entitled to air conditioning as a “reasonable
accommodation” under the Americans with Disabilities Act (ADA) …
Do you ever fear that employees’ physical problems could create a
danger to themselves or others around them? Think it would be best to
change their duties to keep everyone safe? A new court ruling shows why
such a well-intentioned deed could backfire into a “regarded as
disabled” lawsuit under the Americans with Disabilities Act...
Judges and juries bring a mental stopwatch to every discrimination
and retaliation case. They use it to compare the time between when
employees exercise their legal rights (using FMLA, voice harassment
complaint, etc.) and when you took action against them. Tick, tick,
tick … if you can hear it, don’t do it!
In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity ...
Chances are, you’ve got at least one diabetic employee in your
workplace. What would you say if that person asked for an altered work
schedule so she could eat regular meals, check her blood or exercise?
Are you required by law to grant such requests?...
The Minnesota Human Rights Act (MHRA) is the state’s super anti-discrimination law combining the elements of several federal laws, including Title VII, the ADEA and the ADA. While those federal anti-discrimination laws cover employers with 15 or more employees, the MHRA covers all employers regardless of size ...
Sometimes, the simplest mistakes are the most expensive. When faced
with the decision of firing an assembly-line worker or giving her a
chair to ease her arthritis, this company took the litigious route—and
paid the price …
You’ve
probably got an ADA policy that extends reasonable accommodations to
any disabled workers. That’s good. But are your managers following
through? If your paper policy is the only thing granting
accommodations, a court could make you pay the price … big time. As in
punitive damages...
You
can’t expect employees to walk into HR and ask, “May I have a
reasonable accommodation under the Americans with Disabilities Act of
1990? Oh, and don’t forget to engage me in the required interactive
process!” As
the following case shows, blowing off that interactive process could be
seen by the courts as “bad faith,” which gives the employee a direct
admission ticket to a jury trial ...
The EEOC recently issued enforcement guidance declaring that disparate treatment of employees who care for children, parents or other family members violates federal law. “Disparate treatment” generally means an employer intentionally treated employees differently because of a protected factor such as race, gender, age or—in this case—their need to care for family members ...
Q. I know the Americans with Disabilities Act (ADA) gives disabled employees special rights. But I read that the law also extends to employees who aren’t disabled. How is that so? —N.L. ...
Until recently, it was unclear whether Pennsylvania employers could require employees to give up the right to sue for FMLA violations in exchange for severance payments. That was because the FMLA explicitly says employees can't waive their FMLA rights as a condition of employment ...
Americans are a well-fed bunch, as statistics show, and now many overweight employees cite their extra baggage as a legally protected “disability.” The good news: Employees carry a heavy burden of proof, especially in the 2nd Circuit ...
Terminations
are a legal minefield, but you’d think it would be easy to fire a 911
emergency dispatcher who was found sleeping on the job. Not in today’s
lawsuit-happy environment...
HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA ...
HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person's ability to perform a job's essential functions ...
HR Law 101: A few years ago, the EEOC released guidelines that clarify employers' responsibilities in applying the ADA to workers with psychiatric disabilities. The law protects persons with mental disabilities, and employers must reasonably accommodate them ...
Q. Is our company required to provide a couch or cot on the premises in the event that an employee becomes ill? Are there any laws that dictate safety or health reasons for doing this? —V.A., Ohio
Q. If we let some employees in a department return to work in a light-duty capacity, can we deny other employees that same option? We need to do this because the department no longer can operate properly with half its staff on medical leave or limited to light duty due to medical conditions. The union contract says that when an employee is eligible for medical leave, six months must pass before we may terminate the employee. —D.W., Illinois
If your organization's supervisors tend to ignore all that "HR talk" about FMLA leave, here's one way to get their attention: Point out that, in addition to suing your organization, employees can sue their bosses (and HR directors!) personally for FMLA-related mistakes ...
Think your managers and supervisors could use a refresher course on complying with the Americans with Disabilities Act? Contact EEOC Pennsylvania, which offers free seminars at its regional offices ...
The EEOC, the federal agency that enforces the ADA, recently issued guidance to help employers accommodate hearing-impaired employees and applicants. The guidance provides employers with real-life examples of hearing-impaired employees and what rights they possess under the ADA ...
The numbers are daunting: Diabetes affects about one in 14 Americans and it’s the fifth leading cause of death in the country. Almost 80 percent more diabetics are in the U.S. work force now than just a decade ago, and experts predict those numbers will rise. For employers, the twin epidemics of diabetes and obesity are eating into profits and creating legal land mines ...
HR Law 101: Even though job descriptions are absolutely essential, too few employers use them effectively, and some even view them as a nuisance. Every employer should maintain a file of up-to-date job descriptions for all the positions in the organization ...
HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified applicants on the basis of a physical or mental disability. The law allows you to ask about an applicant's ability to perform a job's essential functions but not about a specific disability ...
No specific Texas law allows private-sector employees access to their workplace personnel files, but the Texas Public Information Act does provide that right to public employees ...
The Florida workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The system works as a no-fault guarantee ...
The Georgia workers’ compensation system protects employees who are injured on the job by replacing lost wages while they recover. The State Board of Workers’ Compensation administers the law, which the Georgia legislature modified in 2006 ...
The Pennsylvania Medical Pay Act requires employers to bear the costs of employee medical examinations when those exams are a condition of employment ...
The New Jersey Temporary Disability Benefits Law provides cash benefits to employees who, because of a serious illness or injury, can’t perform their regular jobs and are under professional medical care. The program is compulsory for all employers covered by the state’s unemployment compensation law ...
Question: I have been struggling with this issue for ... well, years.
I am an administrative secretary to the director of my department. A
few months after I was hired (five years ago), they opened up a
position for a receptionist. We hired a woman who seemed bubbly and
friendly: no problem with answering the phones and handling the mail.
After hiring her, the director decided that I would be her supervisor
(without any change in title or increase in pay).
Within the next year, she started having crying jags because her
grandmother was sick. By the second year into her service, she got much
worse. She was acting very oddly -- manic -- and then, she started
becoming adversarial and started making claims that people were
following her ... including helicopters. She was having hallucinations.
Within a month, she seemed to have a complete breakdown and collapsed on the floor, writhing and crying and begging for help.
One of the assistant directors helped get her to a psychiatric
hospital. She was hospitalized and out on leave for about four or five
months. She was diagnosed with bipolar disorder. She had been
prescribed medication previous to her breakdown, but we suspect that
she stopped taking her medication.
She came back to work part time and gradually increased her schedule
back to full time. And we accommodated her, allowing her to take the
time off for all of her doctor appointments.
I feel for her, tremendously. I have friends who have had serious
mental health problems. I understand how debilitating it can be and how
important it is for her to have stability and a steady paycheck. I have
wanted to help her.
Within the year after she came back from her leave, she seemed to be
doing better. But then, slowly, she started sliding back to that
unstable place. She comes to work dressed totally inappropriately: in
flip-flops, sweat pants and t-shirts, many times. She walks around
barefoot more and more frequently. He mannerisms and voice become very
exaggerated and, well, odd.
She is constantly up and down from her desk, going into the kitchen,
asking to use the bathroom eight to 15 times a day. (She does get an
hour for lunch and two 15-minute breaks, as well). She has been in the
negative for her sick time for several months now. She doesn't have any
vacation or sick time left because of all the time that she has taken
off (not doctor-related; I let her make up that time). A number of
times, she come into work hours late, without getting an OK beforehand
and with no plausible explanation.
I have spoken to her several times. I have written her up and had
her sign the letter. I have kept records of all the problem behavior. I
have contacted our employee assistance program on several occasions.
She went to see them (at my request) on numerous occasions. I have
talked to my boss; she basically doesn't want to have anything to do
with the situation. I have researched the issues of bipolar disorders
and the workplace on the internet, but it is mostly from the
perspective of the person afflicted with the illness.
I am trying very hard to work with this situation. I can see,
though, that it is unlikely to get any better. And it is really
frustrating me and wearing me down.
To top it off, my boss has me cover for this receptionist whenever
she is away from her desk or out for the day. So, not only do I have to
deal with this very frustrating and delicate situation, but I am the
one who has to compensate for her shortcomings by covering for her all
of the time.
Frankly, I find all of this very unfair.
Even if I asked my boss to take over supervising this employee, it
would not help me. My boss has a reputation for NOT dealing with
anything. She is the proverbial head in the sand. If I was no longer
this employee's supervisor, I am guessing it would just get worse and
then I wouldn't be able to do anything to improve the situation.
It seems as though my only option is to continue to deal with this on a day-to-day basis or look for a new job.
I know this is a mouthful, but perhaps someone has experienced something similar.
Keep in mind, though, that this is not just another difficult
employee who can be disciplined and eventually fired if they don't
comply. It is not that simple. She has a mental illness and she is a
union employee on top of that. It isn't that I want to fire her, but it
has been literally years that this is going on now. I can't take it
much more.
When one of your employees becomes seriously ill, you face two major challenges at once: understanding the emotions of the employee and other co-workers, while making sure that the necessary work still gets done.
THE LAW. You may know that the federal Uniform Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave, plus it prohibits job discrimination against ...
If you operate a business that's open to the public, you're legally required to make the premises accessible to disabled customers. That may include creating wheelchair ramps, wider aisles or reconfiguring your restrooms.
Issue: Who is considered "disabled" under ADA's definition? Risk: Employees earn ADA protection if you regard them as disabled, even if their condition doesn't rise to the law's definition of ...
Say you have an employee who complains that certain workplace smells make him or her sick. If the employee asks for an accommodation to block out the offending odors, must you ...
Issue: Whether employees are considered "disabled" if their ailments can be kept in check by corrective treatments. Risk: Many employers wrongly assume that corrective treatments wipe out an employee's ADA ...
If your organization regards an employee as having a "disability", even if his or her condition doesn't rise to the Americans with Disabilities Act (ADA)'s definition, your actions could cause ...
If your organization employs, or is considering employing, people with so-called "intellectual disabilities," obtain a copy of a new EEOC fact sheet that explains how to legally accommodate those employees under ...
The Family and Medical Leave Act (FMLA) allows certain employees to take up to 12 weeks of unpaid leave each year. But, as the following case shows, you can ...
Perk up your lawsuit radar if you (or one of your organization's managers) plan to discipline an employee who has emotional problems and difficulty relating to other people. As the following ...
Issue: Many HR professionals run one-person departments that struggle to handle up to 150 employees or more. Benefit: By managing a solo operation well, you illustrate expertise that's attractive to ...
THE LAW. While no federal law re-quires your organization to write job descriptions for each employee, it's a wise legal move that most employers follow. When drafting job descriptions ...
Here's a vexing question faced by many HR professionals: Can employees be considered "disabled" under the Americans with Disabilities Act (ADA) even if their disability can be controlled by medication or ...
About 2.3 million Americans have some form of epilepsy, which causes occasional seizures. The Equal Employment Opportunity Commission just published a new fact sheet that explains whether epilepsy is considered ...
Re-examine your absence policy, paying special attention to identify clauses that attach varying conditions on whom the policy applies to and when it applies. Plaintiffs' attorneys and courts will poke ...
Issue: Former employees can sue if your managers blab about employees' medical conditions to prospective employers. Risk: Ex-employees can file Americans ...
Issue: How far must you go to offer disabled employees a "reasonable accommodation" under the Americans with Disabilities Act (ADA)? Benefit: ADA doesn't ...
Is your organization planning to build or remodel its stores, offices or facilities that serve the public? If so, review new construction guidelines published last month that explain how far you ...
With health insurance costs soaring, employers may be tempted to make hiring/firing decisions based on whether a person is a drain on the organization's health costs. Our advice: Don't even think ...
Issue: New federal rules say how far your organization must go to make its property accessible to disabled staff and customers. Risk: Ignoring the rules ...
Applicants will slap anything on their résumés if they think it will attract the recruiter's eye. So, recognizing the soaring cost of health insurance, more applicants are adding a Health Profile ...
When checking applicants' references, some employers like to do an "end run" around the HR department. They'll call the applicant's former supervisor directly to find out the dirt on the person. ...
When employees request job accommodations for their disabilities, you must interact with them to find reasonable modifications. But it's important to know how far your organization must stretch the job to ...
The Supreme Court ruled May 17 that disabled people can sue state governments for failing to provide them access to courthouses, voting booths or other public services. Previously, states had ...
THE LAW. Regular attendance is obviously a key job function for most of your employees. But despite your freedom to set and enforce attendance rules, you also face key legal ...
You may be surprised to discover that the Americans with Disabilities Act (ADA) may protect workers who are alcoholics, even if they currently drink. To earn ADA protection, an alcoholic's addiction ...
Issue: Must you include a position's most obvious requirements, such as working at the job site, in employees' job descriptions? Risk: Misunderstandings can spark lawsuits from employees who are eligible ...
Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with ...
In January, a government panel approved the first major update of Americans with Disabilities Act (ADA) regulations since 1991. That move revises the ADA's Accessibility Guidelines, which govern how organizations must ...
Alert managers that they can't demote, fire or retaliate in any way against employees simply because they ask you to accommodate their physical ailments. That advice holds true even if employees ...
It's clear that some jobs require employees to work on site and work alongside others. But must you state that fact in every job description? The following case says "No," you ...
Issue: When can you refuse to rehire a former employee who may be protected under the Americans with Disabilities Act (ADA)? Benefit: You don't have to rehire people who are ...
Issue: Retaliation complaints by employees doubled in the past decade. Risk: Even if you escape liability on an initial employment lawsuit, you could be smacked with a secondary retaliation charge. ...
Issue: How to meet your "interactive process" requirement with disabled employees to create accommodations. Benefit: You can reject an employee's accommodation request if the worker doesn't cooperate in the interactive ...
Issue: Written "last-chance agreements" give poor-performing employees one final opportunity to shape up. Risk: Some fear that last-chance pacts will violate the Americans with Disabilities Act (ADA). Action: Go ...
Issue: How to follow Americans with Disabilities Act rules requiring an "interactive process" with disabled employees. Benefit: You can reject an accommodation request if the employee won't cooperate in the ...
Unfortunately, the Americans with Disabilities Act (ADA) doesn't come with a laundry list of conditions that qualify as disabilities. So what about attention deficit disorder (ADD) or attention deficit hyperactivity disorder ...
Last-chance agreements are signed pacts between employers and employees that provide workers accused of serious misconduct one last chance to shape up. They're common in cases involving alcohol abuse, drug abuse ...
Issue: The longer an employee stays out on workers' comp, the less likely he or she is to return to work. Risk: Higher workers' comp and associated medical costs; plus ...
The incidence of diabetes in the United States is rising. More than 17 million people over age 20 are diagnosed with diabetes, so you face a good chance of having ...
Issue: The Staten Island Ferry crash in October raised the issue of when you can investigate employees' prescription use. Risk: You could spark an ADA suit by asking too many ...
The Americans with Disabilities Act (ADA) says you must make accommodations to let disabled employees perform the essential functions of their jobs. But regular, on-time attendance is an essential job function, ...
You must accommodate employees with disabilities. But what's technically considered a "disability" under the Americans with Disabilities Act (ADA)? The law says it's any physical or mental impairment that limits one ...
Issue: The Americans with Disabilities Act requires disabled employees to advise you about their need for accommodation. Benefit: Courts will side with you if you can ...
THE LAW. Workers' compensation insurance provides compensation to employees for loss of income and for medical payments when they're injured on the job. A state workers' comp law covers most ...
The U.S. Supreme Court historically starts new terms on the first Monday in October. This year, for the first time in three decades, it began work in September. Reason: to ...
Issue: Many small organizations waste time and money complying with employment laws that apply only to larger businesses. Benefit: By knowing which laws you can ignore, you'll trim your workload ...
If you perform pre-employment medical tests on applicants, take your cues from the following case to avoid running afoul of the Americans with Disabilities Act (ADA). Three lessons to remember: ...
When it comes to establishing "reasonable accommodations" for disabled employees, the Americans with Disabilities Act (ADA) puts the burden squarely on employees' shoulders to speak up about their needs for accommodation. ...
Issue: Overweight employees cost you more in health care costs, and new research proves it. But you can't discriminate against them. Risk: More courts are saying that obesity is a ...
Issue: Requiring a medical test before hiring an applicant is smart, but it carries legal risks. Risk: A wrong step can trigger Americans with Disabilities Act (ADA) or privacy lawsuits ...
A pair of recent Americans with Disabilities Act (ADA) rulings provide two important lessons for employers: First, have well-written job descriptions for each position ...
Issue: How long must you accommodate medical-related leaves of absence? Benefit: Court rulings give you legal backing to draw a line in the calendar. Action: Don't let employees ...
You’d think wanting your work force to look healthy and in reasonable
shape would be good for business, especially if your employees work
face to face with customers or clients. Not necessarily, if a recent
court case is any indication.
THE LAW. You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That's why drug testing and substance abuse prevention ...
It's clear that companies with fewer than 15 employees aren't required to comply with the Americans with Disabilities Act (ADA). But do company shareholders ...
When weighing hiring decisions, make sure you don't consider the applicant's weight, unless it's clear that it would prevent the person from performing the job's ...
Providing a leave of absence is one way to "reasonably accommodate" disabled employees. But the Americans with Disabilities Act (ADA) doesn't require you to wait ...
Don't allow employees to use their disabilities as justification for poor behavior, especially if it clearly threatens your workplace. Even if an employee is ...
When an employee asks you to accommodate her claimed disability, don't put the request on the back burner. The Americans with Disabilities Act (ADA) requires an "interactive process" with employees ...
Warning: As odd as it may sound, don't believe you're safe from an Americans with Disabilities Act (ADA) lawsuit if the employee fails to prove a disability. Most people think ...
We reminded you last month that companies sponsoring large health care plans must comply by April 14 with the new Health Insurance Portability and Accountability Act (HIPAA). Smaller plans must comply ...
Don't be bullied by a disabled employee who says you must let her work from home as an Americans with Disabilities Act (ADA) accommodation. It's true that a reasonable ...
Don't let your guard down when interviewing someone who doesn't appear to suffer from a disability. If you ask an illegal question, anyone can hit you with ...
After a construction worker injured his shoulder, had surgery and returned to work, he told his employer he didn't have any disability that would prevent him from doing ...
After less than a month on the job, Mark Mack was put on leave when an injury prevented him from lifting and kneeling, both of which were required for his job ...
Say you find out that your sales manager is dating the marketing director of your biggest competitor. Or that your cashier has a bottle-of-scotch-a-day drinking habit after work. Can you fire ...
Companies that have 15 or more employees are covered under the Americans with Disabilities Act (ADA). But do the company partners or shareholders count toward that total? The Supreme Court has ...
Several UPS employees who could only see out of one eye claimed their sight was a disability and that UPS' policy of not allowing them to drive a truck was discriminatory ...
After injuring her shoulder, assembly-line worker Tamara Watson wasn't able to do many tasks required for her job. To aid her recovery, the company temporarily limited her to lighter duties that ...
When Diantha Smith was diagnosed with breast cancer, she took medical leave covered by the Family and Medical Leave Act (FMLA). While she was on leave, her employer became concerned that ...
After 18 years as a truck driver, Donald Dilley developed back trouble and was limited by his doctor to lifting less than 60 pounds at a time. Dilley asked for routes ...
Ray Birton, a cart gatherer and stockman at a Missouri Wal-Mart, occasionally forgot instructions and didn't clock in and out correctly, resulting in paycheck errors. Birton's mother gave his manager ...
Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in ...
Daniel Murray, a full-time union organizer, signed a mandatory arbitration agreement as a condition of employment. The pact said arbitrators would be chosen from a list provided by his employer and ...
In a solid win for employers, the U.S. Supreme Court last month ruled that the Americans with Disabilities Act (ADA) doesn't entitle employees to jobs that might endanger their health, even ...
Don Jackson, a county utility worker, got quite a shock one night when a psychologist called to confirm an appointment in two days. Jackson hadn't made the appointment, his employer had. ...
Under her employer's sick-leave policy, corrections officer Belinda Fountain had to provide a diagnosis of her medical condition every time she was absent. This "medical certification" had to be on ...
Continuing a pattern of narrowing the Americans with Disabilities Act (ADA), the U.S. Supreme Court recently ruled that, in most cases, employers don't have to override their seniority system to accommodate ...
Gregory Fogleman claimed that the age-old parable about a son being punished for the sins of his father played out in his workplace. As a result, Gregory's employer could pay more ...
A file clerk who suffered from obsessive-compulsive disorder, a recognized disability, was easily distracted and had trouble completing her work. As an accommodation, she asked for permission to do some ...
Employers won a big victory last month when the U.S. Supreme Court made it tougher for workers with job-related physical impairments to claim protection under the Americans with Disabilities Act (ADA). ...
Who are your employees? Seems like a pretty simple question. But, as in several aspects of employment law, the answer may surprise you. Two recent court rulings illustrate how, in ...
If you're revamping your workplace evacuation plans in the wake of Sept. 11, check out new guidance from the Equal Employment Opportunity Commission (EEOC). The problem: In determining who ...
A video services company fired Kent Furnish for poor job performance due to problems ranging from weak communication skills to frequent breakdowns of the systems he installed. Furnish claimed the company ...
The 7th U.S. Circuit Court of Appeals (Illinois, Indiana and Wisconsin) recently ruled that a company doesn't violate the Americans with Disabilities Act (ADA) when it provides less generous retirement benefits ...
Woodbridge Corp., a manufacturer of foam padding, used a wrist test to help identify job applicants who might be susceptible to carpal tunnel syndrome. If applicants' test results were abnormal, Woodbridge ...
Make sure your medical leave policy doesn't automatically terminate employees after a certain number of days. Blood Systems Inc. recently agreed to pay 23 employees a total of $650,000 after the ...
After receiving a phone message that her father had suffered a heart attack, Vickie Medley told her boss that she was leaving Denver immediately to drive to Nebraska. Over the next ...
Look for the U.S. Supreme Court to tackle several important business issues this fall, including what constitutes a disability and when a claim is officially filed. The court will open its ...
Job descriptions at Northern States Power Co. make it an "essential function" for customer service reps to handle emergency calls like gas leaks and downed power lines. Loretta Emerson handled ...
When Larry Skerski began working as a cable technician, about half his job involved climbing ladders, poles and towers. But a decade into his job, he developed a panic disorder when ...
Shirley Hoffman was a whiz at her indexing job at Caterpillar Inc. She moved faster than almost anyone, even though she was born without a left arm below the elbow. Several ...
If you're not testing employees for drugs yet, some of your best excuses are going up in smoke. New testing devices are cheaper and less invasive than urine tests. Example: Products ...
Lynn Heaser blamed the air quality in her office at Toro for her health problems, which were diagnosed as everything from allergies to chemical sensitivities. She asked to work from ...
While Minnie Hatchett was on a business trip, a hotel skylight crashed down on her head. As a result of her injuries, she could perform routine work, such as answering phones ...
Jane Foster had a tough decision: Follow the Americans with Disabilities Act (ADA) or follow her boss's orders. She went with the ADA and got fired. But a court has ruled ...
Under Title III of the Americans with Disabilities Act, a dozen categories of businesses must make their public places accessible to customers and clients. These places must make reasonable accommodations in ...
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 ...
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, ...
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 ...
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, ...
After an argument between Manuella Reed and a co-worker, her plant manager told Reed she should walk away from altercations and contact a supervisor. Months later, Reed got into a heated ...
Starting today, plan to revise your anti-harassment policies and instruct your staff that harassment based on a worker's disability is against the law. Reason: In a pair of landmark rulings, two ...
Don't believe everything you're hearing about the recent U.S. Supreme Court decision supporting arbitration in employment contracts. True, it gives you more freedom to require employees to settle disputes via ...
The U.S. Supreme Court has agreed to tackle the vexing question of just how serious an impairment has to be before it's protected under the Americans with Disabilities Act (ADA). Courts ...
Jade McKenzie never had a negative job review in 10 years with the county sheriff's department. Then came a psychological meltdown prompted, in part, by post-traumatic stress related to childhood sexual ...
If you're weighing the costs of testing workers to predict future disabilities, don't forget to count the attorney fees. The Equal Employment Opportunity Commission (EEOC) recently called genetic testing by ...
When Jack Jay tore his Achilles' tendon, his doctor said he shouldn't work anymore in a job that involved climbing. Unfortunately, his position as a millwright required him to climb stairs ...
Denise Davis missed a lot of work over more than five years due to maternity leaves and her Crohn's disease. During this time, her employer continued to accommodate Davis by ...
Vanessa Turpin suffered occasional seizures from a mild form of epilepsy. When Sara Lee shut down the plant where Turpin worked, she was transferred to another plant. However, she was bumped ...
Business is booming and you're adding staff. Along with those new workers, you may be picking up an alphabet-soup of new legal burdens that grant new rights to your employees, ADA ...
Moira Kelly received an extension of her maternity leave, with one caveat. Her company informed her by letter that she was considered a "key employee" under the Family and Medical Leave ...
As a senior train operations manager, Clyde Kellogg regularly put in 60 hours to 80 hours a week, including weekends, holidays and at home. That is, until he appeared to have ...
After downing at least nine beers during and after a company dinner, which followed a training program, Ray Zakaras spoke freely about his objections to the program and made rude comments ...
After injuring his back while working in a cargo job for USAir, Robert Barnett used his seniority to transfer to the company's mailroom. When he learned two workers with more seniority ...
Nancy Houser suffered a severe elbow injury at work, making it impossible to use that arm for lifting in her warehouse job. The company transferred her to greeting visitors ...
Rhonda Otting took leave to control her epilepsy through surgery and medication. When the doctor released her to return to work as a J.C. Penney sales associate ...
Although Congress has debated the idea, no federal law specifically prohibits job discrimination based on an employee or applicant's sexual orientation. Employees ...
It would be an understatement to describe the working relationship between nurse Gary Hamner and the hospital's medical director as poor. Hamner, a homosexual, says ...
Minutes after arguing with her supervisor, hospital psychiatric nurse Debbie Stekloff said she was too upset to work and walked off the job. Later that day ...
Employers last year prevailed in a whopping 96 percent of federal lawsuits filed under the employment section of the Americans with Disabilities Act, according ...
If you're confused about when you can ask an employee about his medical condition or medical tests, new guidance from the U.S. Equal Employment Opportunity Commission (EEOC) tries to clear up ...
Mario Echazabal worked for contractors at a Chevron oil refinery in California for 20 years before he applied to work directly for the company in the same unit. But Chevron refused ...
The Twentieth Century Fox production lot in Los Angeles includes many conveniences, including a commissary, store and automatic teller machine. However, Les Jankey ...
Find out which employees can sue you (and for what reasons) in the U.S. Equal Employment Opportunity Commission's new compliance manual on thresholds for ...
With half of new mothers returning to work within three months of giving birth, breast-feeding has become a hot workplace issue. The American Academy of Pediatrics ...
Massachusetts Health Research Institute lets employees start work any time between 7 a.m. and 9 a.m. and leave after working seven-and-a-half hours. But data-entry worker Michael Ward usually arrived between 9:10 ...
Sheet-metal worker Roosevelt Harris received his jobs through a union hiring hall. During one assignment, he complained to the union that the company failed to accommodate his carpal tunnel syndrome. A ...
Daniel McInnis was a full-time instructor until the new college president opted not to renew his contract. The president gave two reasons. But in his zeal to justify those reasons, he ...
FAMILY AND MEDICAL LEAVE ACT Applies to: Employers with 50 or more employees working within a 75-mile radius of the work site during each of 20 or more workweeks ...
A fight with a co-worker drove Manuella Dionisio Reed to tears. She was so upset that she had to leave work and ended up in the hospital for days. Reed, ...
Marvin Davis agreed to work overtime when he accepted a job under a collective bargaining agreement with Florida Power & Light Co. But after he aggravated his back ...
Louis Holiday passed a written exam and physical agility test to become a police officer in Chattanooga, Tenn. After the interview, he had a conditional offer ...
After the 1989 Valdez oil spill cost it billions of dollars, Exxon tightened its policy on recovered substance abusers. It permanently removed any employee who had been ...
Dan Jovanovic was one of the tool and die makers that kept the In-Sink-Erator manufacturing plant running. But Jovanovic had an erratic attendance record ...
When a data support clerk was diagnosed with depression, she applied for and received 12 weeks' leave under the Family and Medical Leave Act. Then she requested an additional three-month leave, ...
Denver's employment system blocked police officers and firefighters from being reassigned directly to other jobs in city government. They had to compete with noncity employees for jobs.
But that didn't ...
A regional manager's decision to fire a mentally disabled janitor cost the Chuck E. Cheese's pizza chain plenty of dough. A jury awarded the janitor back pay and damages of more ...
Nearly a quarter of employees believe HIV-positive workers should be
fired or put on disability at first sign of illness, according to a
National AIDS Fund survey.
After waves of downsizing in recent years, many companies are now reversing course and filling job openings like mad. If you’re ramping up your recruiting, you may wonder whether to rehire former employees.
Some people may have valid reasons for missing lots of work—such as
illness—and federal and state laws largely determine how you can
respond. But others may simply skip out without an excuse.
