Category: ADA & Disabilities

The Americans with Disabilities Act protects qualified disabled employees from discrimination. HR Daily Advisor gives you the background you need on who’s covered, what constitutes a “reasonable accommodation”, issues involving health insurance and medical leave, tax incentives for employers, and more.

EEOC to Update, Simplify Leave Guidance

To alleviate confusion among employers, the U.S. Equal Employment Opportunity Commission said it plans to clarify and update its guidance on leave as a workplace accommodation. In a June 8 meeting, commissioners offered their insight and took suggestions from stakeholders. “I’ve been told that many employers have difficulty with leave as an accommodation,” said Stuart […]

Print

Was It OK to Insist that Employee Receive Alcohol Treatment?

This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. If an employer requires an employee to complete an inpatient alcohol treatment as a condition of keeping his job, does it regard him as an alcoholic? What happened. “Clark” […]

Print

EEOC to Discuss Leave as an Accommodation

Want to learn more about the use of leave as an accommodation under the Americans With Disabilities Act? The U.S. Equal Employment Opportunity will discuss the topic at a meeting next week. In implementing and enforcing the ADA, the commission makes clear that leave may be a required workplace accommodation for employees with disabilities. In […]

Print

All Aboard, HR Professionals

I am thrilled to announce the launch of the SmartHRManager blog, powered by Thompson Publishing Group. Welcome. We hope this blog can do a lot for you. We want to be the place HR and benefits professionals turn to for ideas, analysis and instructions. We have a dynamic publishing company behind us to delve into the questions […]

Print

ADAAA Effective Tomorrow—Ready for Its 9 Rules of Construction?

The final regulations issued by the EEOC implement the ADA Amendments Act of 2008 (the ADAAA) are effective tomorrow, May 24. The new regs feature 9 “Rules of Construction” to help employers determine whether an impairment substantially limits a major life activity. The new rules reflect the ADAAA’s broader definition of “disability.” As a result, […]

Print

Must You Allow Telecommuting as an ADA Accommodation?

Yesterday’s Advisor covered the many reasons that telecommuters are suing their employers; today, the Americans with Disabilities Act’s impact on telecommuting, plus details on how to become a virtual manager. No. The ADA does not require an employer to offer a telework program. However, if an employer does offer telework, it must allow employees with […]

Print

May We Require Masks or Telework to Fight the Flu?

Yesterday’s Advisor featured the EEOC’s advice for avoiding ADA problems when preparing for swine flu. Today, we’ll get the agency’s advice about work practices, and an introduction to a special program for smaller HR departments. Here’s more from the EEOC’s Q&A: During a pandemic, may we require our employees to adopt infection control practices? EEOC: […]

Print

Does ADA Block Swine Flu Inquiries?

Everyone’s wondering what to do about swine flu, although some surveys show that companies haven’t done much yet. When you do act, you could run smack into the ADA if you’re not careful. Among other things, the Americans with Disabilities Act (ADA) regulates when and how employers may require a medical examination or request disability-related […]

Print

Acceptable Affirmative Phrases for Discussing Disabilities

Sometimes it’s hard to know how to communicate with or assist     co-workers with disabilities. Over-eager assistants do more harm than good, while others, concerned that they will say the wrong thing, say nothing—further isolating people with disabilities. Using affirmative language is the first step in communicating well with people with disabilities, says DOL’s Office of […]

Print

How to Create a Disability-Friendly Workplace

In today’s world, simply complying with the Americans with Disabilities Act (ADA) isn’t enough for many employers. They want to be more proactive in creating a disability-friendly workplace. Today, BLR’s experts offer some tips. First of all, the following indicators show that an organization is willing to “walk the talk” of a disability-friendly workplace: The […]

Print