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Disabilities

Fast-Food Franchisee Settles ADA Charges Brought by EEOC

October 11, 2012
In the suit filed in April against Waco, Texas-based CTW L.L.C., which does business as Wendy's, the EEOC alleged that the company violated the Americans with Disabilities Act of 1990 by denying job applicant Michael Harrison employment at its Wendy's franchise in Killeen, Texas, after learning of his hearing impairment, the EEOC said Oct. 10 in a statement.
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No Call, No Show, No FMLA

September 18, 2012
While it sometimes seems as if employees hold all the high cards in the FMLA poker game, as this case makes clear, employers are within their rights to enforce neutral attendance policies against employees who fail to follow their rules. Now, go check your policies to make sure they contain these types of notice and call-in rules.
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Testing Employees for Legally Prescribed Medications Must be Done Carefully

September 11, 2012
In the Dura Automotive case, the employer tested all of its employees for prescription medications, regardless of their job duties. This across-the-board testing runs afoul of the ADA. If you have safety-sensitive positions, in which employees will pose a direct threat by performing their essential job functions while impaired, then you may be able to test those employees for legally-prescribed medications.
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Transfer Preferences to Vacant Positions as an ADA Reasonable Accommodation Continue to Baffle Courts

September 10, 2012
When you don't hire the best person for an open position, it could lead a court to second-guess your judgment and question why a member of a protected class was overlooked. Recognize, however, that this issue is unsettled, and declining to accommodate a disabled employee by transferring that employee to an open position could result in a violation of the ADA.
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