Hatchetman
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I'm just going to respond to Ritaanz statement questioning why the occupational health doctor at the medical screening checked for lumps. It is possible that the doctor was meeting his or her role as a doctor. Remember, even though he or she is e…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-04-02 AT 06:21PM (CST)[/font][p]I asume your company falls under ADA or a similar state law. First thing, independent of any ADA claim -- absent any medical condition -- can she be transferred to ano…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-22-02 AT 01:12PM (CST)[/font][p]This is not an ADA issue since pregnancy is not a disability under ADA type laws. The fact that she is pregnant of course may cause her to raise a claim that she was l…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-03-02 AT 08:12PM (CST)[/font][p]Also, ask the doctor what is possible. Give him or her the essential and non-essential duties and ask for suggestions. One of the things to look at possibly is swit…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-05-02 AT 11:55AM (CST)[/font][p]Identify rights established by ADA and provide general description of ADA reasonable accommodation process and who to contact in handbook. Because of the individualized…
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ASSUMING that the employee's specific condition falls under ADA as a disability that needs reasonable accommodation, ehy is the employee saying that a change in work hours is needed -- that is, become more flexible in or waive the start and end time…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-04-02 AT 08:12PM (CST)[/font][p]Some basic facts need to be cleared up... If the employee isn't seeking a leave due to incapscity from the pregnancy, how did this situation come to light? Was a mana…
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From what you posted, it appears that lifting 50 pounds is an essntial dmenad of the job. I assume your company doesn't accommodate for the performance of an essential function, merely upon an employee's request but does require evidence of the nee…
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Some disability-related organizaitons may help pay for something like that, but not too many probably. Try the organization that relates to the employee's partiuclar disability; it may have a suggestion. You may want to contact the Job Accommodati…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-10-02 AT 05:49PM (CST)[/font][p] Don, I suspect that if the leg is amputated it will fall into significant impairment of a major life activities (standing and walking) UNTIL the prosthesis is made and…
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There is a third way... Let him apply for the position....depending on how he does in the selection process, if you offer the job to him, make it on the condition that he can pass a physical examination that would allow him to perform the essential…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-17-03 AT 03:13AM (CST)[/font][p]Under ADA risk determinations must be based on actual situations related to the individual not on stereotypes or generalizations of a medical condition. In what you de…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-08-03 AT 09:03PM (CST)[/font][p]California Fair Employment and Housing law as it covers California's ADA provisions, basically provides that a medical condition that meets the State's definition of a …
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[font size="1" color="#FF0000"]LAST EDITED ON 02-03-03 AT 06:10PM (CST)[/font][p]It's too early to say. Assuming she qualifies as ADA disabled, or any similar law in your state, further leave MAY BE a possibility as a reasonable accommodation. But…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-06-03 AT 11:04AM (CST)[/font][p]You were right to refuse the lessor's request. Was this just a one time incident on which you are basing your decision to send the employee home? Have you talked to t…
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Have you been treating these individuals as disabled or are you just giving accommodations merely because they requested it however long ago and provided something to support it? Unfortunately, ADA may put a crimp in your plan if you have incorrect…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-11-03 AT 08:06PM (CST)[/font][p]] Regarding providing parking for customers, public and employees with disabilities, Title III of ADA, is under the jurisdiction of the Deparmtent of Justice as a publ…
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Under ADA, the employee must have a SIGNIFICANT impairment of a major life activity in comparison to the average individual. Under federal ADA regulations a major life activity includes but is not limited to caring for oneself, performing manual t…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-03 AT 00:54AM (CST)[/font][p]While it is right to be concerned, don't go down any disablity/ADA route until the Accountant explanins that as the reason he believes for the errors are related to a m…
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And what did th eemplyee say about his migraines and his compliance with wearing the hardhat?
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[font size="1" color="#FF0000"]LAST EDITED ON 04-01-03 AT 03:10PM (CST)[/font][p]At worst, the employee may have a medical condition that could be a disability under federal ADA (or any similar Washington State law). A qualified ADA empl0yee with a …
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[font size="1" color="#FF0000"]LAST EDITED ON 04-16-03 AT 00:00AM (CST)[/font][p]In this situation, I am assuming from what you have posted that the doctor has verified a medical condition, and that you have determined that the employee is disabled …
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You've got a couple of things going. Fristly, I agree with Linda S. Make sure that the employee is going to EAP. Although, if he isn't there isn't that much you cna do in that regard. An EAP is most is suppose to be separate from the employer's d…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-14-03 AT 01:02PM (CST)[/font][p]To get informaiton on ADA, go to EEOC's website Gudiance and Enforcement Manuals webpage at [url]http://www.eeoc.gov/policy/guidance.html[/url]. They have several docu…
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Actually, it's not a question of undue hardship. If you try to demonstrate that you don't have to provide reasonable accommodation anymore because it causes undue hardship, I don't think you would be able to establish it given the generally "high" …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-03-03 AT 12:43PM (CST)[/font][p]Firslty, I think you need to talk to a public health "expert" to give you a better idea of just how contagious or not contagious the disease is. This includes the like…
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Wouldn't such a checklist come from your STD carrier in order to ensure that the claims are properly filled out and supported with documentation in the way they want them?
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[font size="1" color="#FF0000"]LAST EDITED ON 06-16-03 AT 11:39PM (CST)[/font][p]Nat, the employee has identified a medical condition and linked it to a problem on the job. The reasaonable linking of a medical condition to a problem on the job is al…
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Make sure all the legally required ADA posters are up, that the employee knows of her right to request reasoanble accommodation, and that th econversation between the emplyee and the manager be confirmed in writing to her, including her statement th…
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Yes. If the employee needs more leave time after FMLA, you will need to take a look at whether or not the employee is ADA qualified and whether or not further leave would be a reasonable accommodation even if you would not grant further leave to an…