An accommodation has to make it possible to do the work, not avoid the work

Because many employers are not well versed in the Americans with Disabilities Act there is often confusion on whether a request accommodation must be granted. The good news is that a requested accommodation does not have to be granted if it does not actually allow the employee to perform the job. The purpose of an …

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For want of a chair: Mistakes made in an ADA case

Sometimes you just wonder what people are thinking.  A recent ADA case demonstrates what I mean. The situation An employee was working in a long-term temporary position and had been for several years. He had a kidney condition that was getting worse, but he was able to continue to work with an accommodation. He provided …

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Does allowing telecommuting make it more difficult to fire employees?

The answer like the majority of questions in HR is “It depends” as articulated in an article by Daniel Schwarz of Jackson Lewis in his discussion of the case Hostettler v. College of Wooster, in the 6th District Court of Appeals (Ohio.) The case According to Schwarz, the employee in question was suffering from recovering …

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Future Friday Revisted: The vision of retirement is already changing

A friend of mine announced his retirement this week. Many of my age group are doing that. I am only a few years away…. or am I? As I wrote in this post the vision of retirement has, and continues, to undergo a revision. Take a look and tell me what you think. The vision …

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How to Help an Employee Suffering from Addiction

Today’s guest post is written by Trevor McDonald, who has been through the recovery process from addiction, thus bringing practical experience to this post. Fifty-two percent of about 18.9 million people dealing with substance abuse issues were employed in 2011, according to a National Survey on Drug Use and Health. With these odds, there’s a …

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What is required for protection under the ADA?

In a situation of an interview or dealing with an ADA situation, I tell clients and students alike that one of the things they need to have memorized is the question “Can you perform the essential functions of this job, with or without a reasonable accommodation.” It is truly essential. Must be able to perform …

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Three Monday morning HR lessons: Learning from the bad judgment of others

Most of us have probably seen the quote “Good judgment comes from experience, and experience comes from bad judgment”, a quote attributed to numerous people. The important thing to realize is that it does not always have to be your bad judgment that you learn from, you can learn from the bad judgment of others. …

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Telecommuting doesn’t always have to be seen as a reasonable accommodation

When you have a worker out for some disability they may request the possibility of telecommuting as a reasonable accommodation. To some people and companies that may seem to be reasonable, but to others it may not. The case A litigation attorney sued her employer for not providing the reasonable accommodation of allowing her to …

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Future Friday: Older workers as the solution to unfilled jobs?

Millennial this, millennial that. Advertisements for products to hide gray hair or wrinkling skin. Slogans like “60 is the new 40.” Increasing charges of age discrimination. All these factors indicate that the U.S. is stuck in a youth oriented society. The problem is that perception drives employers to ignore older workers, often to the detriment …

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Three great blog posts to read on Tuesday

I like to point out great blog posts that others have written to expose you to ideas and writers other than myself. Below are three great ones that from which I think you will learn a great deal. Ageism If you have read me at all you know that I think ageism is rampant in …

Read moreThree great blog posts to read on Tuesday

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