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Articles Posted in Disability

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Accommodating a disabled employee generally does not require displacing another

The Americans with Disabilities Act requires that companies provide a reasonable accommodation to an employee with a disability, if doing so will allow the employee to perform the essential functions of the job. The ADA contemplates a number of different types of reasonable accommodations. One such accommodation is a transfer…

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Under the ADA, is talking an essential job function for an HR Specialist?

Whether a department of many, or just one, your job as an HR professional has you juggling many balls. You’re running an open enrollment, conducting a workplace investigation, recruiting, wage-setting. Cot’ damn, you’re busy! To get those tasks done, you’d better have the gift of gab. Or not. Is verbal…

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HR CHEATSHEET: When an employee texts you from an Ebola quarantine tent

Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola. As an employer,…

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Remember that a duty to accommodate may exist after childbirth

Seems one employer may not have received the memo. Now, the EEOC is taking aim. More on this and some tips for employers to avoid pregnancy-accommodation traps, after the jump… * * * Over the summer, the EEOC issued new guidance on accommodating pregnant employees. The Pregnancy Discrimination Act doesn’t…

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A company so concerned about an employee with cancer….it fired her?!?

That ain’t legal, yo. I’ll tell you why after the jump… * * * @Eric_B_Meyer, any thoughts to share on this one? Woman w/cancer diagnosis is fired & the boss thought he was helping http://t.co/980Bl1scjF — MarySchaefer (@MarySchaefer) September 17, 2014 Yeah, Mary, I’ve got some thoughts. Let’s assume that…

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EEOC takes on fitness-for-duty medical releases; how to avoid the crosshairs.

Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? Oh yeah, there’s that too… Ask for too much info and you…

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Apparently, the ADA requires accommodating an employee’s anger issues with a Shih Tzu named “Sugar Bear”

Hey, I don’t make this stuff up. I just blog about it. More after the jump… * * * The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job. In Assaturian…