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.

Not Discipline, ‘Opportunity to Improve’

Yesterday’s Advisor presented attorney Jathan Janove’s suggestions for dealing with employees who say, “My aberrant behavior was caused by my disability.” Today, we’ll give you more of his tips plus an introduction to a new training option. When you have to move forward with discipline, says Janove, the first thing is to always couch it […]

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Disciplining Disabled Employees: What You Need to Know

What can you do when an employee says that the discipline you are about to impose is the result of his or her disability? It’s a delicate spot, but you can manage it, says attorney Jathan Janove. First of all, says Janove, the Equal Employment Opportunity Commission (EEOC) allows employees to be disciplined for violating […]

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Safety Risks–Can You Require Physicals of All Employees?

Yesterday’s Advisor explored tips for dealing with safety and disabilities. Today, we’ll give you some tips on periodic medical exams for safety-sensitive positions and an introduction to a new wellness system that might help. Thanks once again to expert Lindsay E. Harris, senior counsel at Speer Associates/Workplace Counsel, an employment law and employee relations consulting […]

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Dangerous Discussion: ‘Your Disability Makes You a Safety Risk’

What’s the smart move for HR managers who think an employee poses a safety risk? May you ask questions? May you demand a physical? Today’s expert sorts it out. The Americans with Disabilities Act (ADA) does limit your freedom to make disability-related inquiries relating to safety risks, says attorney Lindsay E. Harris. However, with proper […]

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Expert: ‘First, Visit the Scream Room!’ (Managing Disabilities … Part 2)

Yesterday’s Advisor covered 7 ADA traps. Today we’ll look at one more common trap—the co-worker question—and we’ll see how the famous BLR “Red Book®” takes care of many traps HR faces, especially when it comes to state law and how it interacts (and conflicts) with the federal. Yesterday, attorney Nancy Cooper (an owner in the […]

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7 Hidden Traps in Managing Workers with Disabilities, and Dealing with the ADA.

In the age of the Americans with Disabilities Act, dealing with employees with disabilities can be tricky. In a BLR audio conference, a noted HR columnist for Inc. magazine recently revealed just how tricky. Here are traps she says to avoid. Dealing with employees with disabilities presents many traps for unwary employers, says Nancy Cooper, […]

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Finally … A Reasonable Explanation of ADA Reasonable Accommodation …

… and the ADA’s other key term, “undue hardship,” made less unduly hard to understand. What foreign language did you take in school? French or Spanish, perhaps? Well, apparently, there are some pretty talented editors who took legalese … the ability to translate government regulatory jargon into understandable English … and they majored in it. […]

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Mental Illness in the Workplace: ADA, EAPs, and Other Answers

Depression, anxiety, and other mental conditions in the workplace have both legal (ADA) and human implications. Here are two programs to help deal with them. The recent violence-driven emphasis on dealing with mental health issues in the workplace has again put HR on the spot. How does a company deal with disabilities that are frequently […]

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ADA: Are All Workers With Mental Illnesses Covered?

The recent spate of workplace violence has employers wondering what the ADA has to say about workers with mental illness. The answer is … it depends. It’s been a month since the horrific shootings at Virginia Tech and a less-publicized, but equally relevant to employers, hostage situation at NASA’s Johnson Space Center in Houston. In […]

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Now Hear This: ADA Covers “Invisible Disabilities,” Too

Even if you can’t see the results of a worker’s disability, you need to respect them, according to the Americans with Disabilities Act. Here are the rules to follow. Every time we look at the Americans with Disabilities Act (ADA), it seems there are additional disabilities being covered. That’s not really happening, of course. The […]

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