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Layers of Analysis The ADA requires a several step analysis, but it is not hard if you work it through step by step, says Farrell. Her remarks came at a recent meeting of the Human Resources Leadership Association in Mystic, Connecticut. Farrell, who is a legal editor at BLR®, was joined in her presentation by […]
Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]
An employee who abused drugs and then failed to complete a rehabilitation program was not entitled to job protection by the Americans With Disabilities Act or the Family and Medical Leave Act, the 5th U.S. Circuit Court of Appeals ruled. ADA does not protect illegal drug users who are not seeking treatment, and FMLA does […]
The U.S. Postal Service will pay $4.5 million to settle claims that it failed to accommodate employees with hearing impairments. The court-approved agreement ends the decade-long class action dispute. The class action (Hubbard v. Donahoe, No. 03-1062 (RJL) (D.D.C. July 31, 2013)) stemmed from two related actions brought before the U.S. Equal Employment Opportunity Commission. […]
The U.S. Department of Justice discriminated against an individual with a disability in its hiring process, in violation of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission has found. EEOC determined that DOJ ran afoul of the law, which prohibits disability discrimination by entities receiving federal funds, when it rescinded a conditional […]
The training information in this issue is adapted from BLR’s audio presentation, Training the Trainer. Guidance Trainees can work with this exercise to begin to plan an actual training session. The trainer of the “train the trainer” session should stress to trainees that the plans they make are not set in stone; however, the exercise […]
A recent appeals court ruling indicates that an employer may wait and see if short-term disability benefits are granted or denied to the employee on leave before it sends a request for medical certification that verifies the employee’s eligibility under the Family and Medical Leave Act. In Kinds v. Ohio Bell Telephone Company, No. 12-4048 […]
Alexis, who offered his intermittent leave tips during BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas, is with the Kinaga Law Firm in Los Angeles. 1. Insist on Complete Certs Make sure the medical certification is fully completed, urges Alexis. As the employer, you are entitled to a complete and sufficient certification document. […]
Alexis, who offered his intermittent leave tips during the recent Advanced Employment Issues Symposium in Las Vegas, is with the Kinaga Law Firm in Los Angeles. The certification process is set up to allow you to get the facts that establish the medical necessity or qualifying exigency that qualify employees for leave. If you doubt […]
An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]