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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70,000 Reasons to Conduct Individual Assessments in ADA Determinations

The Americans with Disabilities Act requires that employers not discriminate against workers on the basis of their disability. I mentioned this in yesterday’s blog post. However, one area of “disability” that many employers don’t realize is covered is enrollment in a bona fide treatment program for drug or alcohol treatment. This is a lesson that …

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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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What do you do when your pregnant employee is too big?

What do you do when you have a pregnant employee who has gotten to the point of being too large, in your opinion, to do her job? There are several answers to this question you just have to be sure your pick the right one. According to the EEOC one company did not. The case …

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Why being accommodating is important, whether you have to or not.

The definition of accommodation is varied. According to my online dictionary it means: The act of accommodating; the state or process of being accommodated; adaptation. Adjustment of differences; reconciliation. A process of mutual adaptation between persons or social groups, usu. achieved by eliminating or reducing hostility. Anything that supplies a need, want, convenience, etc. From …

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Future Friday: Wearables – Making you employee an Ironman

I have written a number of times on wearable devices here and here for example. Most of these devices were small, like Google Glass, or made into clothing. There is, however, another entirely different kind of wearable such as the suit of armor that Ironman wears that can change a normal person into a super …

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Can you perform the essential functions with or without a reasonable accommodation? Will a reserved parking spot help?

  The title of this blog post, at least the first sentence, is a question that every HR interviewer should ask at the end of an interview. By asking this question most employers would think that they are asking a question about an accommodation that directly applies to the essential function itself. A recent court …

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The Top Six EEO Areas Companies Got in Trouble with in 2012

  The Equal Employment Opportunity Commission published a new listing for them on February 1, 2013. For the first time ever they published the statistics for charges by the type of employment action that was claimed. They divided the listing by Title VII, ADA, ADEA, EPA and GINA. So here are the top six EEO …

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Intellectual Disability under the ADAAA: A Widening Chasm of Problems?

Most of us in HR are still not up to speed on the new requirements of the Americans With Disabilities Act Amendments Act (ADAAA). Most of us are used to dealing with the idea of disability under the ADA since it had been around since 1990. In fact many HR folks have never experienced an …

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Fixing Messes That You Create: Incompetence or ???

In a recent BNET newsletter there was an article on the 9 Signs Your HR Manager is Terrible. The sixth of the nine reasons was entitled “He only fixes messes… that he created.” The article explains that you know you have a poor HR manager when he/she lets things go so long that they become …

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