Tag: Americans with Disabilities Act (ADA)

EEOC alleges medical exams and questionnaires violate ADA, GINA

by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a medical […]

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5 tips for accommodating depression, PTSD, and other mental illnesses

by Mark Wiletsky An estimated 16.1 million adults in the United States had at least one major depressive episode in 2015, according to the National Institute of Mental Health (NIMH). That number represents 6.7 percent of all American adults who are 18 or older. Seven or eight out of every 100 people will have post-traumatic […]

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Top 10 employer mistakes in accommodating disabled employees

by Matthew A. Goodin Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common […]

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HR issues that arise when natural disasters hit

Natural disasters, like Hurricane Harvey, raise a host of issues for employers, regardless of whether these employers have a direct presence in the affected areas or whether they have employees residing in or telecommuting from them. Sometimes employers are forced to close or are able to remain open in some capacity, but employees are not […]

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Employer can insist that ‘doctor’s note’ come from a doctor

by Jennifer Suich Frank and Samuel D. Kerr Q One of our employees went to a holistic healer who isn’t a certified healthcare practitioner, and he advised her that she needs a week off work. He won’t write her a doctor’s excuse and will only speak to someone via telephone. Our attendance policy states that missing […]

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Dealing with hidden disability: Navigating protections for workers with addictions

Employers generally understand their obligations related to legal protections for people with disabilities. But not all disabilities are obvious, sometimes not even to those afflicted. Such may be the case when employees suffer from addiction to prescription drugs—a problem that’s been in the spotlight lately. And with good reason: The costs employers face related to […]

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Service animal or pet? When Rover comes to work

by Erica E. Flores For decades, service animals were used almost exclusively to assist the blind and, in that role, were aptly known simply as guide dogs or seeing-eye dogs. But times have changed. Today, dogs and other service animals—including monkeys, parrots, and miniature horses—are being trained to provide a remarkable variety of services to […]

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Distracted worker may be entitled to ‘disability’ accommodation

by Robert P. Tinnin, Jr. Q One of our workers has been with the company for about three years. From the outset, he has been an outstanding performer. About four months ago, however, he went through a divorce, which appears to have had a major impact on him, and he seems distracted. Both the quantity […]

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Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions. Q Why should employers review the EEOC’s mental health guidance?  A If they haven’t already dealt with the issue, many employers will be […]

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Even under ADAAA, being ‘ill-tempered’ is not a disability

by Rozlyn Fulgoni-Britton Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating […]

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