Tag: ADA

When Can You ‘Clarify’ or ‘Authenticate’ an FMLA Cert?

Authentication and Clarification of Medical Certifications Employers are entitled to authenticate or clarify information received on a medical certification form. It is important to note that the definitions of what constitutes permissible authentication and clarification are very limited. “Authentication” means providing the healthcare provider with a copy of the medical certification and requesting verification that […]

Employer Q&A on Disabilities, Drugs and the ADA

Can an employer legally terminate an employee who is permanently disabled and can no longer perform the essential job functions? Do Americans with Disabilities Act (ADA) protections apply to all employees immediately, or must they be employed with the company for a certain amount of time first? What can employers ask when it comes to […]

When is Cancer a Disability?

Is cancer considered to be a disability when it comes to ADA protections? The short answer is yes. The longer answer will depend on the specific circumstances of the employee. So, when is cancer a disability? It will be when: Cancer or its side effects substantially limits one or more of a person’s major life […]

Cancer as a Disability: The Interactive Process to Accommodation

“One of the key factors of the ADA is not only the non-discrimination component, but the requirement that an employer reasonably accommodate the individual with a disability – in this case, someone who has been diagnosed with cancer.” Jonathan R. Mook explained in a recent BLR webinar. The duty to accommodate is a very broad […]

EEOC Sues Popeye’s for Failing to Hire Applicant with HIV

A Popeye’s chicken franchise refused to hire a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission has alleged in a lawsuit. Famous Chicken of Shreveport, LLC, a company that owns several Popeye’s Chicken restaurants, violated the Americans with Disabilities Act, the EEOC’s suit alleges. The general manager of a Longview, Texas, […]

Our 9 Essential HR Skills—Do You Agree?

[Go here for skills 1 to 5] HR Manager’s Key Skill #6—Discrete and Ethical HR professionals are the conscience of the company, as well as the keepers of confidential information. As you serve the needs of top management, you also monitor their actions toward employees to be sure that policies and regulations are followed. You […]

#1 Mistake Managers Make that Makes Great People Quit

A Players Don’t Have to Play on B Teams Kleiman uses baseball analogies for clues about why managers lose A players: A players never have to play on a B team, he says. And they don’t want to play with B or C players. That makes for problems when A players’ managers retain poor performers, […]

Maryland law on accommodations for pregnant workers takes effect October 1

by Kevin C. McCormick Maryland’s Reasonable Accommodations for Pregnant Workers Act goes into effect October 1, meaning Maryland employers with 15 or more employees must provide reasonable accommodations to employees who experience a disability because of a pregnancy. Basically, the new law requires employers to treat pregnancies in much the same way disabilities covered by […]

Top 10 Do’s and Don’t’s from FMLA and ADA Court Rulings

Leave policy administration under the FMLA and the ADA presents numerous challenges to employers. Following is a “Do” and “Do Not” list based on the outcomes of 10 interference and retaliation claims by aggrieved employees that the courts have heard in the last five months. Do see if short-term disability benefits are granted or denied to […]

How Come Terry Gets to …? (Danger: Don’t Answer)

In yesterday’s Advisor, Attorney Joan Farrell clarified the ADA compliance process; today, she is joined by Attorney Patricia Trainor, SPHR, on what to do with coworker questions about accommodation, plus we‘ll introduce the unique “50×50,” your guide to 50 key employment laws in 50 states. It’s a tough situation when a coworker asks, “Why does […]