01/31/2012
Tempted to ask applicants about their past medical history, disabilities or other private information related to potential disabilities? Don’t do so before you make a job offer.
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01/31/2012
Some employees claim they have asthma and allergies that are exacerbated by common workplace smells. That doesn’t mean, however, that employers have to create an allergen-free environment.
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01/27/2012
Job applicants aren’t required to reveal disabilities during the hiring process. That means you may occasionally find yourself making a job offer to someone you don’t realize is disabled. At that point, what you say and what you do may mean the difference between smoothly integrating a new employee into the workforce and a costly, drawn-out lawsuit.
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01/25/2012
Many employers wrongly assume that they can automatically terminate an employee once she used up her 12-week entitlement of FMLA leave. Such a policy could spell trouble.
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01/20/2012
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the job’s essential functions due to a visual impairment. As a result, we wasted a significant amount of time. Aren’t workers obligated under the ADA to disclose that they suffer from a disability?
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01/20/2012
Q. One of my employees recently informed me that she needs to take time off to seek psychiatric treatment. I realize that this employee may be disabled under the ADA, but could she also be considered to be suffering from a serious health condition under the FMLA?
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01/20/2012
Los Angeles clothing manufacturer and retailer American Apparel has agreed to settle an ADA lawsuit filed by a former employee who was fired while out on medical leave.
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01/18/2012
Now there’s a price tag on an ADA case that has been percolating through Illinois courts for years. The AutoZone chain of car-parts stores must pay $415,000 to a former manager who balked at doing custodial chores because of a debilitating neck injury.
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01/18/2012
Don’t make a common, but potentially expensive mistake. You can terminate an employee who isn’t ready to return to work when he has used up his FMLA leave without violating the FMLA. However, you may be violating the ADA by doing so.
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01/18/2012
Some employees seem to believe that every medical problem is a disability that requires accommodation. That’s not true. Employees aren’t disabled unless their condition substantially limits a major life function. If the only effect is an inability to perform a specific job—not a class of jobs—the employee isn’t disabled and doesn’t have to be accommodated.
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01/12/2012
Minneapolis-based grocery chain Supervalu faces a lawsuit from a former employee at a distribution center in Pennsylvania. Long-time employee Terri Wolfinger claims the company changed the lifting requirements in her job description to prevent her from returning to work after she injured her arm.
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01/12/2012
The EEOC has filed suit against Miami-based Vitas Healthcare alleging it violated the ADA when it made a disabled employee compete for a vacant position. The case raises a critical question that could carry it all the way to the Supreme Court.
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01/06/2012
Not every injury causes a disabling condition that qualifies for ADA protection.
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01/05/2012
As we enter 2012, it’s a good time to review employment policies and practices in light of the government’s aggressive efforts to enforce employment laws. The National Labor Relations Board, the EEOC, the DOL and its Office of Federal Contract Compliance Programs are all cracking down on employers.
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01/05/2012
The Milton Hershey School, founded by chocolate magnate Milton Hershey to help underprivileged children, faces discrimination charges after it refused to admit a 13-year-old boy who is HIV-positive.
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