The Employer Handbook

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On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.”

“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.

In other words, questions that were designed to elicit information about whether an individual has a disability.

Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.

For everyone’s benefit, let’s address those questions today. Continue reading

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I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.

It wasn’t.
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Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.

But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?

Hmmm…

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