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You are here: Home / Archives for ADAAA

Do You Have to Hire An Applicant With a Positive Drug Test?

December 3, 2020 by theemplawyerologist Leave a Comment

Your company is hiring drivers and therefore requires pre-employment drug tests. That makes sense. You want to keep your employees and the public safe. Not to take such a step would be inviting liability, somewhere down the road (pardon the pun). You go through all your usual steps. You find one particular candidate promising and […]

When Absence DOESN’T Make the Heart Grow Fonder: Leave Requests Under the ADA

December 12, 2019 by theemplawyerologist Leave a Comment

Woody Allen is credited with saying that 80% of success is showing up. That could certainly apply to the workplace. To be fair though, he made that comment in 1977 before remote work, telecommuting, video conferencing and similar technological advances were in existence. It’s clear that some jobs do not require physical presence on the […]

Can You Demote an Employee Over a Child’s Diagnosis?

October 3, 2019 by theemplawyerologist Leave a Comment

Suppose your employee tells you that his/her child has a severe neurological impairment that may occasionally require leaving work early to care for the child. Suppose the employee is still able to perform his/her job. Would you demote the employee based on the child’s diagnosis? What if you’re concerned that your employee won’t be as […]

What’s The Magic Word? For Accommodation Requests, There Aren’t Any.

September 19, 2019 by theemplawyerologist Leave a Comment

Remember when you were a kid and you asked a grown-up for something? Remember when that grown-up, trying to teach you manners, asked you, “What’s the magic word?”– and you hopefully said, “Please”?  How does that work in the workplace though? I mean, yes, it’s certainly the right thing for employees making requests to say […]

Best Regards? Regarding an Employee as Disabled Also Violates the ADA

September 12, 2019 by theemplawyerologist Leave a Comment

Guess what: Under the ADA, sometimes you can be on the hook for disability discrimination even when your employee doesn’t prove that s/he actually has a disability. Say, whaaaat? How can that be? Title I of the ADA applies to qualified individuals with disabilities in hiring and employment. So how can an employee be protected […]

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