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The Wrong Way to Engage in the ADA Interactive Process

September 29, 2014
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Once an employer becomes aware of the need for a reasonable accommodation, the ADA obligates it to engage in an interactive process with the employee to identify and implement appropriate reasonable accommodations.
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Don’t Fish for Return-to-Work Medical Info Under the ADA

September 16, 2014
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The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.
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The ADA and Employer Inquiries About Prescription Drugs

August 28, 2014
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Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.
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The Difference Between Alcoholism and Drunk Under the ADA

August 25, 2014
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The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.
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The Untapped Talent Pool of People With Disabilities

August 7, 2014
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In an economy where companies are facing serious talent shortages, workers with disabilities offer a great value proposition.
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More on the Anticipatory Pregnancy Discrimination Case From Yesterday

August 7, 2014
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Why the case is an exception, not a rule; why the FMLA didn't protect the employee; and how Jon Hyman can sleep at night.
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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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EEOC Issues Enforcement Guidance, Q&A, and Fact Sheet on Pregnancy Discrimination

July 15, 2014
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All three documents are required reading for any employers with female employees of child-bearing age.
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What the ADA Says About Employee Medical Information and Social Media

July 8, 2014
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Employees need to be very careful when discussing a co-worker’s health on social media. And, employers need to train their employees about the ADA’s confidentiality rules and the extension of these rules to the 24/7 world of social media.
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How Many Pre-Employment Medical Exams Does the ADA Permit?

June 30, 2014
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The answer is as many as reasonably necessary to determine whether the employee can perform the essential functions of the job with or without a reasonable accommodation.
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