Tag: ADA

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

Wellness Programs and the Health Care Reform Debate

You can hardly turn on the TV or pick up a newspaper these days without hearing or reading something about the health care reform debate. No matter the political party or industry, nearly everyone seems to agree that the current system is broken, with tens of millions of Americans uninsured and health care costs skyrocketing. […]

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 […]

EEOC Reaches Record ADA Settlement with Sears

The Equal Employment Opportunity Commission (EEOC) recently announced a record-setting settlement resolving a class-action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief. The consent decree, approved on September 29, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s […]

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 […]

How to Create a Disability-Friendly Workplace

In today’s world, simply complying with the Americans with Disabilities Act (ADA) isn’t enough for many employers. They want to be more proactive in creating a disability-friendly workplace. Today, BLR’s experts offer some tips. First of all, the following indicators show that an organization is willing to “walk the talk” of a disability-friendly workplace: The […]

Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]

EEOC’s Proposed ADA Regulations Now Available

The Equal Employment Opportunity Commission’s (EEOC) Notice of Proposed Rulemaking (NPRM) — which would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA) — is now available at www.HRhero.com/eeoc/eeoc_proposedregulations.pdf. The NPRM interprets the requirements of the ADAAA, which Congress passed in late 2008 to make it easier for […]