Posts Tagged ‘ADA’

Vague, open-ended medical leave denied

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent appeals court decision that applies to Oklahoma employers demonstrates that an employer may not be required to provide leave to…

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Medical exam results and tasks actually performed

When addressing the issues of a person’s ability to perform a job or the potential need for accommodation, don’t forget to take into account work the individual has previously performed. Sometimes that can be every bit as important as the results of a medical examination. Temporary work at Bama Arnold Iselin worked for Prime Industrial…

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Must be qualified to apply

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must establish the individual did not meet requirements that were explained, essential to the position, and uniformly applied to all candidates. Truck driver successfully battles cancer Mark…

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Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct threat to the health or safety” of themselves or others. A “direct threat” involves a significant risk of…

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Leveraging wellness programs in the ACA age

The dawn of the Affordable Care Act age has sparked renewed interest in wellness programs by employers as a means to improve employee health and reduce health plan claims and costs. In fact, some wellness programs may actually help employers reduce their liability under the ACA’s forthcoming (but recently delayed) Cadillac Tax. While the solution…

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How long do I keep applications?

Employers often ask how long they should keep the applications of unsuccessful applicants. Based on the Equal Employment Opportunity Commission’s recent enforcement actions, it’s important to know the right answer to that question. In June 2010, Martina Owes applied for two vacant warehouse positions with Coca-Cola Bottling of Mobile, Alabama. According to Owes and the…

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Disabilities that pose a ‘direct threat’ in the workplace

The Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability. The ADA also requires employers to reasonably accommodate disabled individuals who are qualified for a position. However, the ADA recognizes a “direct threat” defense for employers who have been sued for disability discrimination. A “direct threat” involves a “significant risk of…

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WEBINAR » When leave laws collide: Tackling complex health plan coverage issues

Leave issues present some of the most challenging issues for employers. Just when you think you’ve got a grip on how the FMLA, ADA and state workers’ comp laws intersect from an employment law standpoint, complex health plan coverage issues come in to play to throw you another curve ball. And if your strike out on these issues, the penalties could be very costly.

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