Tag: ADA

What To Do When the FMLA Lights Come Up

You’re sitting in your favorite HR juke joint, crying into your beer over the pain and heartache your employees have caused you this week. After a few cold ones, solving the world’s HR problems begins to look simple. Then, as you near that moment of perfect clarity, the lights come up and the bartender shouts, […]

HR Audit: A Measure of Success

Not unlike an annual employee performance evaluation, an HR or employment law audit provides an objective means to measure the effectiveness of HR functions with respect to productivity, efficiency, and morale, among others. As a risk-management tool, an audit can identify obsolete or ineffective practices and flag compliance issues. In fact, employment practices liability insurance […]

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 […]

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 […]

Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

Disabled Workers: New ADA Guidance for Healthcare Industry

The U.S. Equal Employment Opportunity Commission has released a new fact sheet explaining how the Americans with Disabilities Act applies to job applicants and employees in the healthcare industry–the largest industry in the American economy. The new publication is the latest in a series of fact sheets on specific disabilities and industries. It is available […]

Disabilities: How Should We Deal With an Employee We Think Is Mentally Ill?

We have an employee with what I think are mental health problems. The person has angry outbursts—not violent exactly, but pretty wild when they happen. My question is, how do we approach this person? I don’t think I should be saying, “Hey, I think you have manic depression,” but I don’t know what approach is […]

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 […]

ADA Complexity Leading to Increased Lawsuits

As the Americans with Disabilities Act enters its 16th year, compliance is more than ever the order of the day. But you need a good guide to do it right. A recent Advisor article talked about the upsurge in legal action over violations by businesses of the provisions of the Americans with Disabilities Act (ADA). […]