Tag: ADA

Using Surveillance to Investigate Workers’ Suspicious FMLA Medical Claims

Employers face a real challenge in meeting client and customer needs when staff members take time off work under the Family and Medical Leave Act (FMLA) or ask for extensive disability accommodations under the Americans with Disabilities Act (ADA). But what’s already a difficult situation can become downright aggravating when you have reason to believe […]

EEOC: ADA Allows You to Discipline the Disabled

The Equal Employment Opportunity Commission (EEOC) has issued a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues. According to the new guide, employers can apply the same performance standards to all employees, including those with disabilities. It also points out that the […]

More Workers Protected from Disability Discrimation under ADA Amendments Act

by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]

Congress Approves Expanded Disability Bias Protections–Get Ready for the Changes

Last week, Congress approved important legislation, the ADA Amendments Act of 2008 (S. 3406), to amend the Americans with Disabilities Act to provide broader protections for disabled workers and turn back the clock on Supreme Court rulings that Congress deemed too restrictive of disabled employees’ rights. President Bush is expected to sign the Act, and […]

EEOC Opinion Letter Addresses ADA and PTSD

(Updated February 4, 2010) In March of 2008, the Equal Employment Opportunity Commission (EEOC) addressed an issue employers may face more frequently than ever before: What obligations does the Americans with Disabilities Act (ADA) place on employers with regard to employees who have posttraumatic stress disorder (PTSD)? HR Guide to Employment Law: A practical compliance […]

Can I Fire an Employee for Being Loud?

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]

Can I Fire an Employee for Being Loud?

Q We run a fine-dining restaurant in which the ambient atmosphere is an integral part of our business. We host many business lunches and other professional-type meetings because of the quiet and relaxed environment. That environment has changed a little bit lately as the result of our new hostess, Kimberly. Kimberly is quite the talker. […]

Worker Hands Employer Tough FMLA, ADA Case

(Updated Dec. 30, 2009) Q. We have an employee who works as an administrative assistant. She was recently in a car accident and injured her arm, hand, and wrist. Her main job duty is to transcribe documents. That often requires her to type for hours at a time. She also is responsible for taking handwritten […]

Expert: ‘First, Visit the Scream Room!’ (Managing Disabilities … Part 2)

Yesterday’s Advisor covered 7 ADA traps. Today we’ll look at one more common trap—the co-worker question—and we’ll see how the famous BLR “Red Book®” takes care of many traps HR faces, especially when it comes to state law and how it interacts (and conflicts) with the federal. Yesterday, attorney Nancy Cooper (an owner in the […]

7 Hidden Traps in Managing Workers with Disabilities, and Dealing with the ADA.

In the age of the Americans with Disabilities Act, dealing with employees with disabilities can be tricky. In a BLR audio conference, a noted HR columnist for Inc. magazine recently revealed just how tricky. Here are traps she says to avoid. Dealing with employees with disabilities presents many traps for unwary employers, says Nancy Cooper, […]