phbair
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These are two of the three cases currently before the Supreme Court involving people with disabilities, though the third - EEOC v. Waffle House (CA4, No. 98-1502, 10/6/99) - is not strictly an "ADA case." Waffle House tests whether the EEOC may file…
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Whoa, hold on, don't get ahead of yourself. Has the employee CLAIMED to be a person with a disability? Is the employer already on notice that the employee is a person with a disability? Has s/he ASKED for an accommodation? If the answer to each of…
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Excellent analysis, H.
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This may seem of small concern in most workplaces, but is an interesting question nonetheless. I myself have advised offices to stop writing "sick" on office public sign-out boards as a reason for an employee's absence. Why? Primarily, because I bel…
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Tammy - I don't know in what federal circuit you are located, but I'd advise you take a look at Humphrey v. Memorial Hospitals Association, CA9, No. 98-15404, 2/13/01 ([url]http://www.ca9.uscourts.gov/ca9/newopinions.nsf/04485f8dcbd4e1ea882569520074…
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In response to the specific question asked -is driving a major life function - the Eleventh Circuit Court of Appeals (AL, GA, FL) answered this question in the negative last year. (See Chenoweth v. Hillsborough County, CA11, No. 00-10691, 5/10/01, …
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This is not an easy, or unfortunately, unusual scenario. The ADA, EEOC regulations, and many court decisions affirm that the responsibility for claiming a disability (or requesting an accommodation) falls "almost" always on the employee. With courts…
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Not suggesting that the accommodation be granted. But the employer must continue with the investigation with the tools at hand, as opposed to just dropping it. The Act places the burden on the employee to provide all documentation to support an acco…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-14-02 AT 10:13AM (CST)[/font][p]We are using a release form, but its purpose is simply to facilitate the exchange of information relative to the employee's request for accommodation. Despite a number …
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HIPAA didn't concern me; but did anyone else think ADA when "ray a" suggested asking the offending employee if there was a medical problem causing the odor? Even if asking an employee if s/he has a hidden medical condition isn't a direct violation o…
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Hatchetman is absolutely right when he advises you to look for "smells of alcohol, acts strangely from how they normally act, shows signs of some of the symptoms normally associated with being under the influence or with symptoms that the employee e…
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If there was evidence of abuse or threat of abuse sufficient to justify the issuance of a PFA, you'd better treat this carefully. I agree you should ask for a copy of the order. (BTW, it should be company policy to encourage any employee who gets a …
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Well, Rob, you're a whole lot closer to Pennsylvania than you are to Texas. Fact is, in Pennsylvania, it IS against the law for a person, even with a degree in engineering, to "hold himself out" [sic] as an engineer if s/he is not a PE! Credit the S…
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Wait a minute. As I understand your message, it's not the residents, but a few members of your staff that are complaining? Somebody has to say it - why don't these folks get a life? They must be pretty uptight folks to be complaining about kids with…
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Is it relevant to inquire, does this policy apply accross the board, to managers as well as all rank and file employees? Distinctions can always be made, but for a manager to manage, s/he must also be setting an example worthy of following. If a man…