Accommodating Your Most Valuable Asset: Your Workforce

In part one of this article, we discussed how the fight for top talent is requiring employers to invest in keeping their current staff healthy and productive. Comprehensive disability management programs can be a key part of this approach—helping assess employees’ needs, connecting them with workplace resources, and providing accommodation recommendations to help them stay at […]

Shrinking the Talent Gap: Supporting Your Biggest Asset

These days, you can’t open a newspaper or read an article online without hearing about the current talent shortage. In 2017, the unemployment rate hit a 17-year low of 4.1% in the fourth quarter. While this is good news for jobseekers, it has created big challenges for businesses that are trying to attract new talent. A […]

Sleep deprivation: Know whether it’s a performance problem or a disability

Employers striving for a diverse workforce take care not to discriminate against employees with a disability, but hidden disabilities can be tricky. Supervisors might think they’re dealing with performance problems when they really should be considering whether an employee has a disability protected by the Americans with Disabilities Act (ADA). 


Coordinating FMLA with the Americans with Disabilities Act, Part 1

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

I’m Interviewing a Candidate with ADHD—What Do I Do?

What if, during an interview, an applicant asks you to bear with him or her because he or she has attention-deficit hyperactivity disorder (ADHD)? What if you subsequently decided not to hire that candidate? Have you exposed your company to liability? When you consider that 1 in 25 adults has some form of ADHD, it’s […]

Infertility treatments and the FMLA, ADA, and PDA

By Susan Schoenfeld, JD, Senior Legal Editor HR.BLR.com What do you do when an employee asks for leave for infertility treatment? Is leave for infertility treatment available under the Family and Medical Leave Act (FMLA), theAmericans with Disabilities Act (ADA) or the Pregnancy Discrimination Act (PDA)? According to the Center for Disease Control (CDC), infertility […]

Clarity amidst confusion: handling mental disability claims

by Allison B. Wannop One of the most difficult issues employers deal with is how to accommodate an employee with a mental impairment under the Americans with Disabilities Act (ADA). Mental impairments can include depression, anxiety disorders, and psychiatric disorders that affect employees’ attendance and performance. Employers may have a difficult time distinguishing mental impairments […]

The 5 Hoops—FMLA Leave over Children 18 and Older

First, the child must meet the FMLA definition of a “son or daughter.” Second, the child 18 years of age or old must be “incapable of self-care.” Third, the incapability for self care must be because of a mental or physical disability at the time FMLA leave is to commence. Fourth, the child must have […]