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Showing posts for: Disability

Jun 15 2011
CaliforniaDisability

CALIFORNIA: FEHA may require extended leaves of absence

It’s risky to automatically terminate an employee who has exhausted their protected leave, that’s what you can take away from a recent case from a California district court. An employee suffering from lupus was placed on leave under the federal Family and Medical Leave Act (FMLA) and was out for 12 weeks. Since she was…

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Mar 30 2011
Disability

Final ADA regulations defining “disability” released

More than two years after amendments to the Americans with Disabilities Act (ADA) expanded the definition of “disability,” the U.S. Equal Employment Opportunity Commission (EEOC) has finally updated its regulations to give us further guidance. The rules don’t contain any major surprises, but will frustrate anyone looking for clear definitions. Bottom line: It is very…

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Jul 26 2010
DisabilityQ&A

How to handle competing ADA reasonable accommodation requests?

Good question! Employers have an obligation under the ADA to provide a reasonable accommodation to each disabled employee, but there’s no guidance on how to handle incompatible requests. The best suggestion is to get creative. Make sure there’s truly no other option; sit down with each employee, discuss all possible options, and get input from…

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Jun 07 2010
Disability

Supreme Court expands employees’ ability to sue

Tips:Fact Sheet to help employers.

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May 19 2010
Disability

Shift change may be a reasonable accommodation under ADA

Colwell v. Rite Aid Corp., If a disabled employee asks for a different shift as an accommodation, you should carefully consider the request and document your reasoning. Often, the person making the request has lower seniority than the people who are already on the desired shift. You don’t have to violate a strict seniority clause…

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Apr 15 2010
DisabilityOregon

OREGON: No protection for medical marijuana user

In a resounding victory for employers, the Oregon Supreme Court ruled that an employer had no obligation to consider an exception to its drug policy for a medical marijuana user who claimed to have a disability. The Oregon Bureau of Labor and Industries (BOLI) had taken the position that the company should have engaged in…

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Jan 28 2010
DisabilityDrug and Alcohol

Medical questions after pre-offer drug test may violate ADA

Harrison v. Benchmark Electronics Huntsville, Inc., 11th Cir, Jan. 2010). Tips: Notice of a positive drug test result should go directly to the MRO. If the MRO determines that a legitimate prescription caused the positive result, then you should be told the test result was negative, with no other details. You can make the job…

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Jan 21 2010
Disability

MONTANA: Employer lucks out on discrimination claim

A Montana employer lucked out and was found by a state agency not to have illegally discriminated against a probationary employee that supervisors described as “too old for the job” and looking “like he’d had a stroke.” Reinhardt was a locomotive engineer trainee who had difficulty with many of the physical aspects of the job….

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