Articles and Blogs

Essential functions

Telecommuting: A Reasonable Accommodation? Not Necessarily


Posted on April 21, 2015 in HR Insights for Health Care

Written by: Mary Kate Liffrig

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

Tags: , , , , ,

Using Restraint in Your Job – Very Rare but Still Essential


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

Tags: , , , , ,

Pregnancy, Lifting Restrictions and Unpaid Leave – No Liability for Employer


Posted on July 24, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Pregnant Employee with 10 Pound Lifting Restriction – What to Do? Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave? In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful... READ MORE

Tags: , , , ,

Regular and Dependable Attendance Is an Essential Job Function for a Nurse


Posted on April 17, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Dealing with an employee’s poor attendance is one of the bigger headaches for management, especially in health care where a crucial employee’s unplanned absence could mean the difference between life and death for a patient.  But the FMLA and the ADA add layers of complexity and uncertainty for employers in striking a balance between... READ MORE

Tags: , , ,