Hatchetman
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Start with this link: [url]http://www.pwd-online.ca/en/links_proc.jsp?p_t=EM&p_next=0[/url] and look for the Employment Equity Act and Employment Equity Policy.
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Firstly, I congratulate you and your company for your effort and time with the emplyee rather than taking a quick way out of saying, "no job for you." I generally agree with Don on this. Just to note that, assuming the emplyee is disabled under …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-21-04 AT 03:08PM (CST)[/font][br][br]This comes more under Title III of ADA (public accommodations) than Title I (emplyment). The Department of Justice is responsible for Title III enforcement (EEOC …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-27-04 AT 06:01PM (CST)[/font][br][br]Title II of ADA, along with the other Titles except Title I, falls under the Department of Justice. Take a look at the Code of Federal Regulations, volume 28, Par…
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Nursing encompasses a wide range of activities, which don't necessarily include direct patient care; e.g., quality assurance. Firstly, while you are getting an evaluation of whether or not she can perform the essential duties of her nursing posit…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-03-04 AT 04:29PM (CST)[/font][br][br]You must make reasonable accommodaiton. But, you don't have to provide an interpreter (I assume Amslan) if there are other just as effective ways to have the appl…
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It's tough. In fairness to all, though, you make the decision without regard to her medical condition and document the basis to show she was laid off without regard to her medical condition or age.
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The other clinic is not part of your emplyer, right? It is a separately operated clinic? It is possible based upon the medicla opnion is that an emplyee is not able to work for one employer but may take another job with another employer. And that …
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Just a prleiminatry quesiton for clarificaiton.. They physician that put her out on leave (or at least provided the doucmentaitn that she needed leave form your clinic)is one of your own physicians. Did he or she do that as part of his or her resp…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-24-04 AT 01:58AM (CST)[/font][br][br]I think damages, including compensatory and punitive, would fall under the 1991 Civil Rights Act, Section 102, as well as the Rehabilitation Act of 1973, Section 5…
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Check your state case law if there is nothing in your state's employment laws regarding voluntary resignations. I recall several years ago -- many,many -- we had in California appellate and State Supreme Court rulings that basiclaly held that if an…
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I assume the teahcer meets the definition of ADA disabled. Remember, the medical condition must impact a major life activity (and certainly breathing is) is a substantial manner (in comparison to the average individual in the general population). …
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[font size="1" color="#FF0000"]LAST EDITED ON 03-16-04 AT 01:46PM (CST)[/font][br][br]I assume your company falls unde rADA or a smillar law in your state. Under ADA, an employer is not responsible for accommodating "retroactively" a disability it …
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[font size="1" color="#FF0000"]LAST EDITED ON 03-17-04 AT 01:59PM (CST)[/font][br][br]Most employers don't allow leave for jail time. Obviously, if it is a day or towo, probably it will wind up as an unauthorized/unexcused absence without pay and …
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An addict who has gone through drug rehabilitaiton program is considered "disabled" under ADA and protected against discrimination because of that disability as long as he or she does not engage in illegal drug use. The employee if she is intereste…
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Take a look at EEOC guidance on psychiatric conditions and ADA at: [url]http://www.eeoc.gov/policy/docs/psych.html[/url] The employee has claimed she has bipolar disorder apparently in response to being asked about her disruptiveness. At this p…
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I agree with Don. Also, I think in this case, IF you decide to accept the LCSW's statement as meeting the requirements under FMLA as a health care provider (based upon your state's clicnial social work regulations), you should and would consider th…
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You need to contact the State licensing board for clinical social workers and ask the question about whether the license allows them to diagnose or treat psychiatric illness (either independently or under a physician/psychiatric's review).
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[font size="1" color="#FF0000"]LAST EDITED ON 03-18-04 AT 12:27PM (CST)[/font][br][br]it could, depending on what their license in your state allows them to do. From the FMLA regulation 29CFR825.118 "A health care provider includes....Nurse practi…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-25-04 AT 05:54PM (CST)[/font][br][br]The facts here seem to be subtle as to whether you have to at least evaluate for the possibility of a psychiatric disability or whether you have actually already d…
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Is the employee disabled under ADA or a similar Ohio law? Fiorstly, you are right that under ADA personal devices and equipment that would be used both on the job and off the job are not considerd reasonable accommodations under ADA. The device ha…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-05-04 AT 01:18PM (CST)[/font][br][br]Hmmm... Firstly, do you do any psychological screening for all new employees who will have direct contact with children (children are considered vulnerable and of…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-14-04 AT 04:10PM (CST)[/font][br][br]Under federal ADA, leave can be a reasonable accommodation, although it may be one of the last types of accommodation an employer should take a look at (if other r…
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Normally, pregnancy disability is not considered a qualifying medical condition to be a disability under ADA. To be an ADA disability under ADA, the medical condition has to be either long term or permanent in addition to significantly impairing …
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It's a joint responsiblity in general between the temporary agency and the contracting company. Go to this document on the EEOC website. [url]http://www.eeoc.gov/policy/docs/guidance-contingent.html[/url]
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Contact your locla public health department to get information on the communicability of Hepatitis B. If the sueprvisor has a concern about a helath risk, most likely other emplyees do to. YOu'll need to perhaps discuss that or provide informatoin…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-29-04 AT 02:43PM (CST)[/font][br][br]This will come to no surprise to Don, but I do have to take a slightly different tack to the question you're asking. ADA MAYBE applicable. You did identify yours…
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as the others have noted that bi-polr diorder can be a disaiblity under ADA. Wheter it is for this individual is based upon what if any impairment of one or more major life activities occur and to what degree (to estalbihs signficance) in compariso…
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If you are unaware of a disability that causes an emplyee to act inapprpriately or to perform poor, you may hold the emplyee accountable as you would a non-disabled emplyee. Once you learn of a disability and you accommodate it you may hold the emp…
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Merley on the docotr's note, I don't see any ADA issue. The fact that she may have seen a spychaitrist doens't mean that she is ADA disabled with a spyciatric condition. The issue isn't whether she needs gto go through the interactive process, t…