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Showing posts for: Disability

Feb 20 2026

Q&A: Job descriptions, essential functions, and the ADA

Question: We have a shop technician who sometimes works on welding projects when we have low staffing. Welding is not included in their written job description even though they do it on a routine basis. Do we have to update their job description to reflect the welding duties? Answer: You should. In a recent case,…

Feb 06 2026

DisabilityDrug and Alcohol

Q&A: Ensure ADA compliance with preemployment drug testing

Question: We have an applicant who failed a preemployment drug test. They claimed it was because of a prescription, but we have a zero-tolerance policy. Do we have to make an exception for them? Answer: Not an exception to your policy, but your drug testing procedures should be utilizing a medical review officer (MRO) to…

Sep 11 2025

DisabilityLeave LawsTermination & Resignation

Avoid rigid enforcement of unforeseeable intermittent FMLA leave

The U.S. Sixth Circuit Court of Appeals recently ruled that an employer was overly strict in limiting unforeseeable intermittent leave under the federal Family and Medical Leave Act (FMLA) to the estimated frequency listed in an employee’s medical certification. A mail clerk had sickle cell anemia, which caused symptoms that varied in severity depending on…

Sep 11 2025

DisabilityHarassment & DiscriminationLeave Laws

Q&A: Know how to deal with ghosting by employees

Question: We keep running into situations where employees stop showing up and communicating with us. Sometimes we don’t hear anything, sometimes they stop communicating while on approved leave, and sometimes we know they’re missing work due to a medical issue but they’re not calling in. How should we address these scenarios? Answer: Ghosting by employees…

Sep 05 2025

DisabilityPrivacy & Confidentiality

Q&A: Keep medical info confidential even if employee doesn’t

Question: An employee told most of his coworkers about his recent diagnosis of a serious health condition, then came to HR to request adjustments to his schedule and work duties while undergoing treatment. HR emailed the employee’s medical records to his supervisor, along with an explanation of the specific accommodations the employee needs. Now the…

Sep 05 2025

DisabilityHarassment & DiscriminationSafety and Health

Lack of individual ADA assessment costs employer nearly $27M

A federal district court in Oregon recently awarded $26,952,863, including $25 million in punitive damages, to a train conductor whose employer automatically excluded him from returning to work after dislocating his shoulder. The employee, who had spent 20 years in the military and was physically active, injured his shoulder at home on his farm. He…

Jul 25 2025

DisabilityHarassment & DiscriminationSafety and Health

Q&A: Avoid 5 common mistakes in disability accommodation

Question: I have an employee who brought in a doctor’s note that says she should work from home any time her anxiety flares up. Most of her job can’t be done remotely, and I don’t think she’ll focus at home. Can I tell her “no”? Answer: Even if the accommodation isn’t feasible, you can’t say…

Apr 18 2025

DisabilityQ&ATermination & Resignation

Q&A: Use caution before requiring mental fitness-for-duty exam

Question: One of our employees has been getting into heated arguments with coworkers. We think he might be having mental health issues. Can we require a fitness-for-duty exam? Answer: Not necessarily. You need to get more facts. If the employee is just being argumentative and yelling at coworkers without justification, the appropriate response is probably…

Mar 07 2025

DisabilityHarassment & DiscriminationLeave Laws

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Question: One of our production employees reportedly “blacked out” a few times last week. When I asked her about it, she said she has a seizure disorder, but she can work. Her job requires working with heavy machinery. Are we supposed to put her back to work and hope for the best? Answer: No, you…

Oct 21 2024

Disability

Q&A: Give supervisors tools to manage employee mental health issues

Question: Our long-term, well-liked employee just quit, saying she’s been struggling with depression and anxiety for over a year. Her supervisor mentioned a few months ago that she was using sick leave more frequently and he noticed she hadn’t seemed like herself, but he didn’t follow up and she never asked for an accommodation. We’re…

Sep 13 2024

DisabilityLeave Laws

Q&A: Know how to handle time off request after discipline

Question: The day after a disciplinary meeting, an employee called in to say she needs four weeks off due to stress. What can we do? Answer: Unfortunately, this type of request is becoming more common. Start by assessing protected leave rights and then figure out how to address the employee’s performance upon return from work….

May 03 2024

DisabilityEmployee BenefitsLeave Laws

EEOC issues regs for Pregnant Workers Fairness Act

The Equal Employment Opportunity Commission (EEOC) recently issued regulations and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA), which requires all employers with 15 or more employees to reasonably accommodate workers with known limitations related to pregnancy, childbirth, or related medical conditions. The regulations take effect on June 18, 2024 (89 Fed Reg…

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Showing posts for: Disability

Q&A: Job descriptions, essential functions, and the ADA

Q&A: Ensure ADA compliance with preemployment drug testing

Avoid rigid enforcement of unforeseeable intermittent FMLA leave

Q&A: Know how to deal with ghosting by employees

Q&A: Keep medical info confidential even if employee doesn’t

Lack of individual ADA assessment costs employer nearly $27M

Q&A: Avoid 5 common mistakes in disability accommodation

Q&A: Use caution before requiring mental fitness-for-duty exam

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Q&A: Give supervisors tools to manage employee mental health issues

Q&A: Know how to handle time off request after discipline

EEOC issues regs for Pregnant Workers Fairness Act

Is My Company Eligible?

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Showing posts for: Disability

Q&A: Job descriptions, essential functions, and the ADA

Q&A: Ensure ADA compliance with preemployment drug testing

Avoid rigid enforcement of unforeseeable intermittent FMLA leave

Q&A: Know how to deal with ghosting by employees

Q&A: Keep medical info confidential even if employee doesn’t

Lack of individual ADA assessment costs employer nearly $27M

Q&A: Avoid 5 common mistakes in disability accommodation

Q&A: Use caution before requiring mental fitness-for-duty exam

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Q&A: Give supervisors tools to manage employee mental health issues

Q&A: Know how to handle time off request after discipline

EEOC issues regs for Pregnant Workers Fairness Act

Is My Company Eligible?

Browse By Category

Browse By Topic

Filter By State

Get Our Newsletter

Connect With Us

Sign Up Today to Receive Employment Law, HR and Safety Updates

Don’t Navigate Employment Issues On Your Own

About Us

Our Services

On The Vigilant Blog

We’re Hiring – Workers’ Compensation Claims Manager