Tag: disabilities

Was It OK to Insist that Employee Receive Alcohol Treatment?

This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. If an employer requires an employee to complete an inpatient alcohol treatment as a condition of keeping his job, does it regard him as an alcoholic? What happened. “Clark” […]

EEOC to Discuss Leave as an Accommodation

Want to learn more about the use of leave as an accommodation under the Americans With Disabilities Act? The U.S. Equal Employment Opportunity will discuss the topic at a meeting next week. In implementing and enforcing the ADA, the commission makes clear that leave may be a required workplace accommodation for employees with disabilities. In […]

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 […]

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, […]

Wait Is Finally Over! EEOC Finalizes Regulations Interpreting ADAAA

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Commission (EEOC) has finalized regulations interpreting the law’s requirements. For the most part, the final regulations provide exactly the type of comprehensive guidance employers were hoping for. In any event, they are a dramatic departure from (and an […]

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 […]

Lawyer Who Denied Access to Service Dog Gets Bit

By Keeya M. Jeffrey The U.S. District Court for the District of Colorado recently approved a consent decree resolving a lawsuit filed by the Colorado Department of Justice against a Colorado Springs lawyer who refused to allow a woman, her husband, and her lawyer access to his office for a deposition because the woman brought […]

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: […]

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 […]

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 […]