disability law

Below you will find articles related to: disability law
disability law

Preparing your workplace for a possible swine flu pandemic

The United States is facing a swine flu outbreak that has caused the government to declare a public health emergency. Recently, the U.S. Centers for Disease Control and Prevention (CDC) published new guidelines to help employers prepare for flu season and prevent the rapid spread of the H1N1 influenza. Here are the CDC's suggestions, plus insight on your risks and obligations as an employer ...

Preparing your workplace for a possible H1N1 flu pandemic

This spring’s swine flu scare might have been just a warm-up act for a far more serious flu pandemic this fall. If you took steps to prepare your workplace for an outbreak in April, dust off those plans and check them against our list of things to do to make sure your organization keeps running in the coming months.

How to prepare your workplace for a possible flu pandemic

The U.S. Centers for Disease Control and Prevention have for years predicted that a virulent influenza outbreak could kill tens of thousands, hospitalize hundreds of thousands and sicken millions. Regardless of how the swine flu crisis plays out, it should be a wake-up call for employers. If you haven’t already, now is the time to undertake pandemic planning efforts.

ADA Amendments Act means changes for employees, employers

Sweeping new ADA legislation passed earlier this fall will completely change the way employers manage disabled employees. The ADA Amendments Act of 2008 overruled four U.S. Supreme Court decisions defining disabilities under the ADA, thereby broadening the definition of disability ...

Accommodating Disabled Workers: 'Tis the Season to Get Engaged

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 …

May we terminate a disabled employee who can't perform an essential function?

Q. One of our employees was hired to a position that requires her to drive to customers’ offices. When we hired her, she reviewed and signed a job description that included a statement “that transportation was an essential function of her job.” Public transportation is not a realistic option. She recently received test results suggesting she might be suffering from multiple sclerosis. She provided a return-to-work slip indicating she would be able to return to work on a part-time basis but would not be able to drive or do heavy lifting. We told her we cannot accommodate her restrictions, but we provided a four-month leave of absence. Assuming she will not be able to drive when she returns, are we within our rights to discharge her? Are we going to violate her rights under the ADA or Michigan disability laws? ...

Tell managers: You must let disabled applicants prove merit

Disability rights groups sometimes target specific employers to see whether they harbor latent disability discrimination tendencies. An advocate will call a prospective employer and inquire about an open position. The prospective employer can’t say no to an interview without risking a disability lawsuit. But agreeing to the interview is only the beginning ...

Accommodated worker failing? You can terminate

You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? ...

You're not liable for other states' discrimination laws

Good news for New York employers: A new federal court decision says that you don’t have to comply with stricter anti-discrimination laws in an employee’s home state if the person works in New York ...

Accommodating Medical Marijuana

HR Law 101: Thirteen states have legalized the use of medical marijuana: Alaska, California, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

All-Electronic HR Files? Your Call if State Law Agrees

Q. You recently said that I-9 forms can now be stored electronically. To save on office space and filing time, our department is considering scanning and electronically filing all personnel files and documents. Is this OK? —S.S., California

How Long to Tolerate a 'Disappearing' Employee?

Q. We’re a small business with eight employees. One employee frequently takes off for six to eight weeks with medical problems. She’s done this each year for the past three years. It’s a huge burden because very few people have her training, so we can’t hire a temp. How long do we have to allow her to disappear for months at a time? —M.S., Ohio

Lessons from the court: job evaluations, break-time pay

You can require tests to determine ADA accommodations

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 ...

Smart pre-employment screening can cut cost of future injuries

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 ...

Employee is covered under ADA if you perceive him to be disabled

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 ...

Plan for legal consequences of flextime, job sharing

It's no secret that offering flextime and job-sharing arrangements can help your company retain valued employees and develop a more committed work ...

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