Americans with Disabilities Act

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    Q If an employee is on some kind of medicine for his back and we notice he has mood swings and can be hostile toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with him. A Obviously, hostility toward a manager is a disciplinary issue, so begin there. From...
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    The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. It also requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to successfully perform the essential functions of their jobs. While that seems clear-cut, court interpretations of...
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    Q We administer a voluntary leave program through which workers can donate paid leave to their colleagues to obtain necessary medical treatment. Recently an employee asked to use the program to seek substance abuse treatment for alcoholism. This isn't the type of treatment we had in mind when we established the program. Are we required to allow...
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    Q If an employee is on some kind of medicine for his back and we notice it causes mood swings and hostility toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with the employee. A You do have rights, but be careful. While it may seem at first blush that...
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    What do forgetfulness, menstrual cramps, and social awkwardness have in common? They're all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA). The DSM-5 is widely used by healthcare...
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    After extending a conditional offer of employment, many employers require prospective employees to undergo medical examinations to assess their "fitness for duty." Problems may arise, however, when an employer decides to rescind a job offer based on information obtained during the medical examination. A Florida employer recently learned that...
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    Q As part of my company's diversity efforts, I would like to reach out to some disability advocate groups to try to fill a few vacant positions. I'm afraid that by doing so, I may be opening up the company to reverse discrimination claims under the Americans with Disabilities Act (ADA). Are my fears justified? A First off, I applaud your company...
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    The U.S. 6th Circuit Court of Appeals recently reversed a federal district court's ruling in a disability discrimination case, finding that whether The Ohio State University (OSU) violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act when it rejected a student's application to the school psychology program was a question...
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    Alternative work arrangements are fast becoming a major job incentive in the American workforce. Some studies place flexible work programs as the second-highest contributor (after compensation) to job satisfaction. As technology changes and fewer jobs need to be performed on-site, telecommuting is becoming more than just a once-in-a-while thing...
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    A federal employee tried to sue her employer under the Americans with Disabilities Act (ADA) rather than the Rehabilitation Act. The court threw out her lawsuit because she failed to file it correctly. Facts Ruth Gesinger worked as a nurse at Indian Health Services (IHS) in Eagle Butte, South Dakota. After she was terminated on April 1, 2011,...
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