Tag: ADA

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 […]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]

Bipolar Disorder, Depression, ADHD, Asperger’s Syndrome & More in California: Guide to Legally Managing Productivity

Tuesday, July 29, 2014 10:30 a.m. to Noon Pacific Order Option Price 1. Live Conference $189 2. Live Conference + CD Recording $259 3. CD Recording Only $189 CEA Online Subscribers save 10%! Click here for your discount. Are you and your line supervisors equipped to manage employees with mental conditions ranging from bipolar disorder, […]

Top 10 Potential Perils of Employment Policies

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]

EEOC Makes Case for Obesity Discrimination

By Timothy M. Barber The Equal Employment Opportunity Commission (EEOC) recently sued an employer in New Orleans, Louisiana, claiming it violated the Americans with Disabilities Act (ADA) by firing a woman because she was obese. In the past, an employee’s obesity didn’t constitute a “disability” within the meaning of the ADA. However, in light of […]