Tag: ADA

Disabled Employees: New Ruling OKs Layoff Of Worker Who Can’t Meet Performance Standards; Lawsuit Prevention Tips

Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]

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Hiring And The ADA: Going The Extra Mile To Find An Opening For Disabled Applicants—How Far Should You Go

Whenever someone with a disability applies for a job, you must consider whether a reasonable accommodation would permit the person to do the work. Unfortunately, it’s not always easy to know when you’ve done enough and when you should do more. And while going the extra mile to accommodate a disabled applicant can benefit everyone, […]

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Fitness-For-Duty Exams: Court OKs Them Even If Injured Workers Return With No Restrictions; Procedures To Implement Now

  Suppose you have an employee who is off work because of an injury. When the employee’s doctor gives them the green light to return without limitations, you may still be concerned that the person cannot do their job properly. So you ask the worker to first undergo a fitness-for-duty evaluation. If the employee refuses, […]

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Disability Discrimination: Do You Have To Accommodate Workers With Weight-Lifting Limits?

Suppose a doctor orders one of your workers not to lift anything over 25 pounds and, as a result, the employee can’t perform certain job duties. If the person demands an accommodation, must you provide one? At first glance, the Americans with Disabilities Act (ADA) might seem to apply to this situation. But a new […]

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Personal Liability Of Supervisors: New Decision Increases Your Risks

Many managers are justifiably concerned about the possibility of being on the hook personally for damages when an employee sues for discrimination or harassment. In recent years, several courts have said that managers can be held responsible if they sexually harass someone, but not for acts of race, sex or disability bias.

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Americans With Disabilities Act Update: New Rulings Show The Law Can Protect Employees Who Aren’t “Disabled”; Even Teasing Can Trigger Coverage

When the Americans with Disabilities Act was passed in 1992, the initial questions focused on how to reasonably accommodate disabled workers. But there is another sticky problem that has been surfacing more recently: just who is entitled to ADA protection? You might be surprised to discover that the answer is broader than you think. Even […]

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Mental Disabilities And The ADA: EEOC Issues New Employer Guidelines

A worker is easily distracted and has trouble concentrating on what he’s doing. A supervisor is hostile and rude to co-workers. Another employee can’t seem to get to work on time and frequently appears groggy and withdrawn. You may think you have clear grounds for discipline or termination in situations such as these, but be […]

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Disability Discrimination: Court Says Look For Alternative Jobs, Even If Workers Don’t Ask; How To Avoid Accommodation Traps

Your obligation to accommodate disabled workers may be much broader than you think. According to a new California Court of Appeal ruling, if one of your employees becomes disabled and can’t perform their job, you must suggest possible reasonable accommodations-even if the employee doesn’t ask for your assistance. What’s more, you might be required to […]

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