Disability

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    Title I of the Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities who are qualified for a job. The ADA covers all private employers with 15 or more employees and covers state and local governments, regardless of the number of employees. In 2008, the ADA Amendments Act (ADAAA) was signed into law and...

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    Q If an employee is on some kind of medicine for his back and we notice he has mood swings and can be hostile toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with him. A Obviously, hostility toward a manager is a disciplinary issue, so begin there. From...
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    The Arkansas Court of Appeals recently held that an employee was not qualified for disability benefits because she failed to provide evidence that she was totally and permanently disabled. Background On July 12, 2010, Lecia Templeton, who was 51, sustained a compensable back injury while working for Dollar General. On September 27, 2011, she...
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    After a civil rights claim is filed with a municipal human rights commission in Iowa, an administrative law judge (ALJ) may conduct a hearing to determine whether the employer acted lawfully. The ALJ's decision is then subject to review by the local human rights commission and the state courts. Read on to learn what the Iowa Court of Appeals...
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    What do forgetfulness, menstrual cramps, and social awkwardness have in common? They're all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA). The DSM-5 is widely used by healthcare...
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    Q As part of my company's diversity efforts, I would like to reach out to some disability advocate groups to try to fill a few vacant positions. I'm afraid that by doing so, I may be opening up the company to reverse discrimination claims under the Americans with Disabilities Act (ADA). Are my fears justified? A First off, I applaud your company...
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    Q We would like to establish a policy that provides paid Family and Medical Leave Act (FMLA) leave for corporate employees and nonpaid FMLA leave for all field employees. Is this legal? I’m concerned about a disparate impact. A Paying employees who are on FMLA leave is voluntary. Therefore, nothing in the FMLA requires you to pay field...
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    The Colorado General Assembly wrapped up its 2014 legislative session in early May, passing a number of bills that change the landscape for Colorado employers. Here's a look at the significant employment-related bills that passed and are expected to be signed into law by Governor John Hickenlooper, as well as other bills that didn't make it...
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    Employers are beginning to understand that workers with sedentary jobs have a difficult time standing or sitting for long periods of time, regardless of whether they have a disability. Indeed, few people can sit or stand for hours on end without genuine discomfort. As a result, many companies schedule employees' breaks around their need to move...
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    The U.S. Court of Appeals for the 6th Circuit (whose rulings apply to all Kentucky employers) recently upheld a trial court's decision that an employee didn't meet the definition of "disabled" under the employer's benefit plan. Under the plan, long- term disability (LTD) benefits were triggered if the employee was unable to do "any" work. The...
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