Archive for the 'ADA Accommodation' Category
Holy Ferris Bueller! Is it possible that some of your employees are calling in sick to have fun in the sun? It’s hard to quantify how many people play hooky from work just to enjoy beautiful, warm weather, but according to a recent CareerBuilder’s annual survey on absenteeism, 29 percent of workers took a faux [...]
Posted in ADA Accommodation, Absenteeism, Employee Leave, Employee Leave, FMLA, FMLA, Florida, Paid Time Off, Sick Leave by: Florida Employment Law Letter
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Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose?
We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve an [...]
Posted in ADA, ADA, ADA Accommodation, Discrimination and Harassment, Documentation, Documentation, Hiring, Hiring, Interviewing, Job Descriptions, Performance Evaluation, Termination, Terminations, Vermont, Workplace Discrimination by: Vermont Employment Law Letter
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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 [...]
Posted in ADA, ADA, ADA Accommodation, Absenteeism, Alabama, Break Time, Discipline, Discipline and Employee Misconduct, Documentation, Documentation, Employee Misconduct, Employment At Will, Employment Contracts, FLSA, FMLA, FMLA, Handbooks, Handbooks and Policies, Performance Evaluation, Policies, Wage and Hour Law by: Alabama Employment Law Letter
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Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot [...]
Posted in ADA, ADA, ADA Accommodation, ADEA, Age Discrimination, Arkansas, Disability Discrimination, Discrimination and Harassment, Disparate Impact, Disparate Treatment, Hiring, Hiring, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sex Discrimination, Title VII, Workplace Discrimination by: Arkansas Employment Law Letter
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by Joseph C. Pettygrove
The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual circumstances.
Posted in ADA, ADA Accommodation, Absenteeism, DOL, Employee Leave, FMLA, FMLA, FMLA Leave, HIPAA, Indiana, Termination, Terminations by: Indiana Employment Law Letter
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by Susan Fahey Desmond
Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP). Also, beginning January 12, 2014, any employer who employed an average of 50 employees [...]
Posted in ADA, ADA Accommodation, Benefits, Disability Discrimination, EEOC, Employee Privacy, Health Insurance, Health care reform, Mississippi, Wellness Programs by: Mississippi Employment Law Letter
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by Jonathan R. Mook
Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act [...]
Posted in ADA, ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, Job Descriptions, Virginia by: Virginia Employment Law Letter
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Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, EEOC, U.S. Supreme Court by: Julie Athey
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The 2008 ADA Amendments Act (ADAAA), which went into effect on January 1, 2009, greatly expanded the number of medical conditions that likely will be recognized as disabilities under the law. More disabilities mean more accommodation requests and more opportunities for employers to be second-guessed by the government and the courts on how they respond [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Minnesota by: Minnesota Employment Law Letter
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Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon.
To understand the reasons for the delay and how it may affect employers, we spoke with nationally [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, Virginia by: Julie Athey
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