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.

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 […]

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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, […]

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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 […]

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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: […]

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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 […]

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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 […]

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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 […]

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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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