Yes! Interactive means Interactive and not just once!

Under the ADAAA (Americans with Disabilities Act Amendments Act) there is a requirement that employers have interactive discussions with employees about their needs for accommodations in performing their jobs. My Miriam-Webster dictionary defines interactive as “mutually or reciprocally active” which implies a back and forth discussion. That is also what the EEOC defines as interactive. …

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That maximum leave policy you have is now no good

Many companies have leave policies that invoke a 12 month limit on the leave, after which the employee on leave is terminated. I have worked with long-term disability policies that had similar provisions. If you have such a policy you may want to rethink it, the EEOC just settled a case that shows they do …

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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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Yes, leave can be considered a reasonable accommodation even when not covered by the FMLA

The intersection of the Americans with Disabilities Act and the Family and Medical Act can be a trying one. There have been numerous cases where courts have ruled that additional leave beyond the 12 weeks permitted by the FMLA would be considered a reasonable accommodation for the individual with the disability. Of course the courts …

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Avoiding lawsuits is as simple as a little bit of training

An office cleaning company found out that just providing supervisors with a little bit of training would have been a much cheaper solution than paying a $16,000 settlement because of discrimination. Scoliosis gets in the way According to the EEOC a Michigan based company that provides corporate cleaning services will pay $16,000 to settle disability …

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Just because it takes extra time and effort is no reason to avoid the accommodation discussion

According to a press release by the EEOC, a Texas based company is paying a fine of $110,000 to settle a suit where they were charged with not hiring two applicants based on their inability to hear. The Americans with Disabilities Act Amendments Act (ADAAA) requires employers to engage in interactive discussions with applicants or …

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What the heck is “retroactive leniency” and why does it matter?

This falls into the category of “you learn something every day.” When I came across this post by attorney Richard Meneghello, of the law firm Fisher Phillips, my first thought was this had to do with forgiving something done in the past. I wasn’t too far off. Excuses for misconduct In his post, No Excuses: …

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Talking about an employee’s medical condition

I am sure most everyone with “HR” in their title knows that it is improper to talk about an employee’s medical condition. However, not everyone understands that and many people are prone to talk about other people without much provocation at all. However, not even many HR people know that talking about an employee’s medical …

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Four Very Instructive Reads in HR Compliance

Legal compliance for many HR people is a major headache. Each situation has some different twist to it that makes you question whether you are making the correct decision. Here are four situations that provide examples of just my point. Reverse discrimination This first post shows that reverse discrimination is recognized by the courts as …

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From the archive: Accommodating the “hard of hearing” employee

I have not fully recovered my hearing loss from a year ago, either that or age or the sins of listening to loud music have finally caught up to me. Regardless many workers have trouble with hearing. Here is what you can do to help you and them. I recently had some illness related hearing …

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