Articles and Blogs

ADA

Using Restraint in Your Job – Very Rare but Still Essential

[02/04/13]

Posted on February 4, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Sometimes the important things that an employee may be required to do in a job almost never happen.  Take for example a worker at a juvenile detention center who might one day have to physically restrain a violent youth who might be causing trouble at the facility.  It doesn’t happen often, but it certainly could.  Does... READ MORE

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Deaf Lifeguard Has a Case Under the ADA

[01/24/13]

Posted on January 24, 2013 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

A recent federal court opinioncourt opinion highlights the need for employers to evaluate employee requests for reasonable accommodation on an individualized basis – even where, at first glance, an effective accommodation may not be readily apparent.  The ADA is, after all, intended to overcome employment decisions based on stereotypes. A Deaf Applicant Seeks a Lifeguard... READ MORE

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FMLA to Care for Adult Children – A Helpful Interpretation?

[01/22/13]

Posted on January 22, 2013 in HR Insights for Health Care

Written by: Jennifer H. Richter,

The FMLA requires employers with 50 or more employees to grant up to 12 weeks of leave for, among other things, time off that is needed to care for an adult son or daughter over the age of 18 who is “incapable of self-care because of a disability.”  Ever since the Americans with Disabilities... READ MORE

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Bad Back and Shared Lifting – A Burden Too Heavy for This Plaintiff

[01/16/13]

Posted on January 16, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Is Shared Lifting a “Reasonable” Accommodation? Employees who suffer from a bad back and have lifting restrictions always present a challenge to employers who attempt to accommodate those restrictions.  It’s discrimination under the ADA if the employer fails to make a reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a... READ MORE

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Heavenly Music: Music Director Is a “Minister” so Lawsuit Is Dismissed

[11/27/12]

Posted on November 27, 2012 in HR Insights for Health Care

Written by: Dana E. Stutzman

Discrimination Laws Don’t Apply to Religious “Ministers” In the realm of employment law, the “ministerial exception” prohibits the application of federal anti-discrimination laws to claims concerning the employment relationship between a religious institution and its ministers.  Exactly who qualifies as a minister under the ministerial exception is being determined by the courts on a... READ MORE

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Do We Have to Give Preference to a Disabled Employee When There is a Vacant Position?

[09/11/12]

Posted on September 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.” A significant change of course on competition for vacant positions as an ADA accommodation Reversing twelve years of decisions that allowed an employer to pick the best applicant for a... READ MORE

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Statistics Tell Us What the EEOC Is Doing These Days

[07/16/12]

Posted on July 16, 2012 in HR Insights for Health Care

Written by: Jonathon A. Rabin

The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   READ MORE

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Unpredictable Seizures – Mammography Tech was a “Direct Threat” and “Not Qualified”

[05/18/12]

Posted on May 18, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The ADA requires employers to attempt to reasonably accommodate qualified individuals with a disability.  But what about a Certified Mammography Technician who suffered 14 epileptic seizures on the job in a two year period? In this case a federal court held that this hospital employee was not qualified and also presented a direct threat... READ MORE

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Heads Up – Mandatory Transfer to Vacant Position as ADA Accommodation – Maybe…

[05/10/12]

Posted on May 10, 2012 in HR Insights for Health Care

Written by: Craig M. Williams

Under the ADA an employer is obligated to find a “reasonable accommodation,” if possible, for a qualified individual with a disability, which would allow that individual to perform the essential functions of his or her job or to otherwise remain employed by the employer.  Such an accommodation can take various forms, including reassignment of... READ MORE

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Mandatory Flu Vaccine Programs – The EEOC Weighs In

[05/02/12]

Posted on May 2, 2012 in HR Insights for Health Care

Written by: Kevin A. Stella

In a recent informal discussion letter, the EEOC responded to an employer’s inquiry about the application of Title VII of the Civil Rights Act to health care workers’ requests for exemption from an employer-mandated flu vaccination program. In a lengthy response EEOC’s Legal Counsel, Peggy Mastroianni, references several prior EEOC publications addressing relevant legal... READ MORE

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