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Disabilities

It's Probably a Bad Idea to Ask Applicants for a Family Medical History

January 14, 2014
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Medical-related inquiries by employers are complicated and rife with risk. To ensure full compliance with the law, do not include questions about family histories in these examinations.
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Accuracy Counts in Drafting Job Descriptions

December 19, 2013
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Job descriptions not only help establish reasonable expectations for what you expect from your employees in a position, but it also helps set a baseline for what you do, or do not, have to reasonably accommodate.
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How the ADA Covers Organ Donors

December 17, 2013
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I’ve written before about the need to put the 'human' back in 'human resources.' This case is a textbook example.
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Infertility is Fertile Ground for Disability Discrimination Claims

December 16, 2013
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With this issue on the EEOC’s enforcement radar, employers that deny time off for fertility treatments may find themselves as the start of the EEOC’s next infertility-related press release.
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Medical Marijuana and the Americans With Disabilities Act

December 9, 2013
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The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.
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When an Extended Leave of Absence is NOT a Reasonable Accommodation

December 5, 2013
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If you are planning on denying an unpaid leave as a reasonable accommodation, understand that these terminations are risky and will draw scrutiny from the EEOC.
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How to Manage the Dreaded Flu Season

November 1, 2013
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Offer vaccinations free of charge to your employees right in your workplace. The cost to administer them will pay for itself.
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Legal Briefing: Worker With Multiple Seizures Not Qualified for Job Under ADA

July 30, 2013
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Although an employer is required to engage in an interactive with an employee to determine if a reasonable accommodation exists, the employee must still be able to perform the essential functions of the job to retain the protections of the ADA.
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The FMLA, the ADA and No-Fault Attendance Policies

July 2, 2013
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Employers have a lot to gain from no-fault attendance policies. In deciding whether to adopt or continue a no-fault attendance policy, however, employers must carefully balance those benefits against the risk of FMLA or ADA violations.
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Employee Medical Information and Social Media

June 24, 2013
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Social media is informal and instantaneous. Employees often post before they think about the implications of what they are posting. A policy statement on this issue could save you a headache in a disability discrimination lawsuit down the road.
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