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Be Careful What You Ask For: New Traps for the Unwary in Managing Absenteeism and Leaves of Absence Under the ADA ( November 2003 )
One of the many prohibitions against discrimination on the basis of disability in employment imposed by the Americans with Disabilities Act is its limits upon an employer's ability to inquire about medical information relating to applicants and employees. A recent decision by the Second Circuit Court of Appeals creates new complications for the management of employee absenteeism and leaves of absence. -
Last Chance Agreements-Where a Good Deed May Go Unpunished ( November 2003 )
Here is a scenario that may be familiar to you. Your Senior Vice President in charge of sales comes into your office and asks for your assistance with a difficult problem she is having. One of her best salespeople, who has been with the company for almost 20 years and consistently is one of your best rainmakers, has been seriously underperforming the last six months or so. Specifically, he has missed meetings, called in sick more often than usual—in particular on Mondays—and has been irritable and rude to employees and clients. The final straw, however, was at a meeting the previous day in which he was acting so erratically and unprofessionally that the client had to ask him to leave its premises. The employee also was visibly intoxicated. -
Getting Personal May Cost You ( March 2003 )
The employment relationship is fraught with potential litigation pitfalls for employers - even before it actually begins. There have been many lawsuits that were based on inquiries made during job interviews. These inquiries are often innocent questions intended to start a conversation or put the interviewee at ease, but they can easily backfire and lead you straight to the courtroom. -
Labor and Employment: Seniority Can Trump Disability ( June 2002 )
The Supreme Court has recently taken yet another bite out of the Americans with Disabilities Act, making it easier for employers who consistently apply seniority systems to handle competing claims of ADA accommodation. -
Supreme Court Narrows The Reach Of Disabilities Act ( March 2002 )
Since it was enacted in 1990, the federal courts have attempted to decide who is protected by the Americans with Disabilities Act ("ADA"). This judicial analysis, emerging case-by-case and without any clear consensus, has been necessary because the employment provisions of the ADA define a person with a "disability" in very general terms. -
U.S. Supreme Court Narrows ADA Protection--Inability to Perform Work Tasks Alone is Not a Disability Under the Americans With Disabilities Act ( January 2002 )
A recent decision by the United States Supreme Court narrows the reach of the Americans with Disabilities Act and could be a victory for some employers faced with ADA discrimination claims. -
Employment Law: Employer's Duty to Accommodate an Employee's Disability ( October 2000 )
Introduction In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing. -
What You Should Know About Disability Discrimination In The Workplace ( October 2000 )
Disabled individuals now have a number of protections in the workplace. Federal law prohibits discrimination in th.
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