Tag: HR advisory services

ADA accommodation: Can you ask for a doctor’s note? By Cliff Malone

by hrconsulting14

This is a question that we receive an ongoing basis. .

As HR consultants, we are asked how to provide a reasonable accommodation issues with the ADA. In many cases, the employee comes right out and divulges nature of their disability. Other times they do not directly discloses, but is apparent from reasonable observation that they may have particular impairment. Although you cannot inquire as to their particular diagnosis which is confidential, you can still ask the person what they can and cannot do in relation to their specific work duties.

But what you really want is some specific direction from their healthcare practitioner, especially a physician. Can you insist that they furnish a doctor’s note? The answer is “Yes”..

You certainly cannot secure the confidential medical records of the employee, but you can still get direction from his or her doctor at a minimum. Here is a sample email you may send the person from your HR department:

Thank you for your recent email with an update of your medical condition.  In order for us to move forward and give you adequate accommodation, please have your doctor state in detail what accommodation, if any, you need while working for us. As such, please have a doctor’s note which explains the following:

  • The hours you will be able to work per day.
  • The days you will be able to work per week.
  • Are you able to work part-time or full-time?
  • We have attached a description of your work duties. Please indicate what you can and cannot do as to each of those enumerated duties.
  • What special accommodation, if any, you will need. Note that an employer is only required to provide reasonable accommodation.
  • Whether you will be able to work on a regular basis.
  • The date you can start working.

If you would like a free initial consultation on this issue or any other HR matter, or would like a written print-out of this subject, feel free to contact the HR Consulting Network at 925-899-8449 or email us at info.NationalLlienLlaw@gmail.com, attention Cliff..

You can also read other HR articles on our website of www.HRconsulting.network.wordpress.com.

Thanks again for joining us and good luck. Cliff Malone.

Employee leave as ADA accommodation

by hrconsulting14

Here is another issue for those providing HR Consulting. Giving employees unpaid leave can be a form of accommodation. But the leave must be directly related to the disability. Take for example an employee who is complaining of bouts of anxiety. This would have to be necessary to alleviate or help manage the anxiety (Bailey v Amsted Industries, Inc., 172 F3d 1041 (8th Cir 1999) (where employee’s absenteeism not related to disability).

On the other hand, the employee cannot insist on indefinite leave. As certain point, if the employee takes too much time, it would be tantamount to job abandonment.

For example, in Gantt v Wilson Sporting Goods Co., 143 F3d 1042 (6th Cir 1998), the employee was terminated for failure to return to employment after a 1-year leave of absence. The court ruled the employee was not discriminated against because reasonable accommodation does not require to employer to wait indefinitely for an employee’s medical condition to be corrected.

Also, the employer is not required to grant long periods of leave it if it would cause undue hardship to the company. This is especially the case if the individual’s position is needed for normal operations. For example, see Walton v Mental Health Assn. of Southeastern Pennsylvania, 168 F3d 661 (3rd Cir 1999), the court found that a 2½-month leave was excessive and caused undue hardship where employee’s presence was essential at the time due to fear the program she headed would fail for lack of funding and leadership. Thus, where the employer can show the leave would create undue hardship, it will not be liable for failing to accommodate.

Then there is the issue of offering a similar job to the employee when they come off disability. The ADA does require this. The only exception is if it would cause an undue hardship to the business. In this case it would, because one can hardly expect to keep the management job open indefinitely when that is need for the operation of the business.

So if the individual comes off leave and still wants the job, as an HR consultant you would not necessarily have to give them the same job that has been replaced, but at least attempt something that is equivalent.

www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.

Taking Employee Temperatures for Coronavirus

by hrconsulting14

This is a guide for HR consultants before they make a decision as to whether to take employee temperatures before going to work. Here are FAQs on the subject:

 

Is it Permissible for HR to Take Employee Temperatures Before Start of Work? As a result of CDC recommendations, it is now permissible per the EEOC to do so. As of March 17, 2020, the EEOC issued the following guidelines:

Generally, measuring an employee’s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature. However, employers should be aware that some people with COVID-19 do not have a fever.

However, a Company is not required to take temperatures.

What is Considered a High Temperature? Per CDC guidelines, 100.4 F/38 C or above.

How do you Give the Results? The actual temperature should be kept confidential and placed in a file separate from the personnel file and not broadcast others. If the employee has a high temperature, take the person aside to notify them of the reading. Also privately state the details, if any, of your decision to send the person home.

What Kind of Devices are Used? Use only a no-contact, infrared digital thermometer (forehead scanner). Traditional oral thermometers are considered too intrusive.

Who Administers the Test? Recommendation: A trained nurse or other medical professional. If not available or too costly, a management level employee or someone from the HR department. Use PPE precautions, including gowns, facemasks and gloves.

What to do if the Employee has a Temperature? A temperature alone is not indicative of COVID-19. However, it is recommended the employee be sent home for a minimum of 24 hours to be fever free. If in addition to fever, there are symptoms of dry cough, shortness of breath and chills, the employee must be sent home for a 14-day quarantine.

Can the Employee be Required to Wait in Long Lines? There are no specific guidelines, but for productivity purposes and to eliminate employee inconvenience, HR should attempt to shorten the lines by: a) having more than one entry point or b) staggering with different shifts. Make sure there is social distance while waiting in line (placing markers with tape).

Are the Employee’s Paid For the Time Taking the Temperatures? It is best to have the employees punching in when they first arrive before getting in line. That way they will not be shorted for their hours. Although the argument can be made testing is so brief in time to be de minimis, it is best to consider these preparations indispensable to employees work activity (per the FLSA) and therefore compensable.

What Records Should be Kept? Temperatures need not be recorded, but if they are, they should be contained in a confidential file. As an alternative, you can be recording “No” or “Yes” as to the temperature thresholds.

What Questions Can You Ask the Employee? Per EEOC guidance, the employer may ask an employee if he or she is experiencing any symptoms of COVID-19 or if they have been tested. This applies even if the employee has not volunteered that he or she is feeling ill. As usual, you cannot be selective who you ask as this could be interpreted as discriminatory.

The perfect time to ask these questions is right before the temperature is taken. You can ask the employee: “Have you been experiencing any of the following symptoms recently? Fever; dry cough; shortness of breath or difficulty breathing; chills; repeated shaking and shivering; muscle pain; headache; sore throat; excessive sweating; sinus congestion or new loss of taste or smell (read from a card to show it is uniform)?

Because you will be asking personal medical information, this has to be out of the hearing range of others. Put the employees in a separate line. Then one by one take an employee to a separate room immediately adjacent which is private, for the questions and temperature taking.

Do These Rules Also Apply to Non-Employees Entering the Workplace? Yes. The same rules would apply to guests, customers, vendors, consultants and other third parties. Remember that OSHA requires an employer to maintain a safe workplace and protect others from direct threats as to recognize hazards, including the virus. Place the attached form at the entrance of the facility in a conspicuous location so all persons entering can see same.

Is Employee Written Consent Required? No, but employees must be given prior notice–please use the attached form.

What if the Employee Refuses to Take a Temperature? No employee can be forced to take a temperature. If they refuse, you can bar entrance to the facility. And technically it is a violation of company policy and they can be written-up. However, termination would not be recommended. Instead, instruct the employee to stay home until they bring in a certification of negative testing through a community testing center or when government authorities have given the “all clear” for all employees to return to work.

National Lien Law can act as your virtual Human Resources Consulting Firm–either replace your existing HR Department or augment it with our ongoing human resources consulting services. And, we are equipped to prepare any documents required (for example, termination notices, warnings, employment agreements/confidentiality/noncompete, employee handbooks, write-ups, responses to claims, wage and hour disputes, legal memos to management, response to attorney demands, legal investigations, help with arbitrations or language used in your emails and communications with employees). Services can be on a retainer basis, hourly or flat fee. Our human resources consultants have law degrees and 20+ years’ experience in human resources consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434. Info.NationalLienLaw@gmail.com.

Sick Leave payments for Commission Salespersons in California

by hrconsulting14

How do you calculate the hourly rate paid to commissioned salespersons when exercising their sick leave?

The California Department of Industrial Relations, Division of Labor Standards Enforcement, in its opinion letter of October 11, 2016, answers this question. The preferred method is to calculate all the earnings (hourly, commissions and bonuses) for the prior 90 days before taking sick leave and simply dividing by the total hours worked. Since we are talking about salespersons, the compensation would consist of commissions only. This is pursuant to California Labor Code Section 246(k)(2).

In order to make the calculation, salesperson must’s submit timecards of their hours. Unfortunately, many salespersons don’t submit them, because they are not paid an hourly rate. But you must explain to them such timecards are still required under California law.

Another reason is that salespersons must be paid commissions equaling at least 1 1/2  times the minimum wage. How can you make that calculation unless you have timesheets?

 

www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.

Employment Arbitration Agreements–New Changes 2019 for Employers

by hrconsulting14

 

As employers, most are well aware of the benefits of resolving disputes with employees through binding arbitration, as opposed to a court proceeding. Especially if you have to undergo the ordeal of a jury trial. But make sure your arbitration agreements are up-to-date.

Based upon some recent court decisions, you have to make sure you have certain exclusions in the agreement. In other words, disputes that cannot be determined by binding arbitration.

Traditionally, the exclusions consisted of workers compensation and unemployment insurance claims. But what about claims through the National Labor Relations Board?

The Board on June 18, 2019 handed down the decision of Prime Healthcare Paradise Valley, LLC and Richard Cardona and Stephene Ortega Cases 21–CA–
133781 and 21–CA–133783 (https://www.nlrb.gov/cases-decisions/decisions/board-decisions).  In that case, all employees were required to sign a binding arbitration agreement as a condition of employment. The agreement did not mention either way disputes with the NLRB. On the other hand, it did not indicate that those disputes had to be arbitrated. Instead, it had broad language that arbitration applied to: “All claims or controversies for which a federal or state court would be authorized to grant relief”.

The court invalidated the provision because it did not explicitly exclude NLRB claims. Moreover, the general language applied to all claims; inferentially it meant that such claims would have to be arbitrated.

For this reason, it is recommended you have explicit language in this regard. An example would be:

Arbitration does not cover, and you have the right to pursue independently of arbitration: workers’ compensation claims, unemployment insurance claims or
any claims that could be made to or under the National Labor Relations Board.

On a related point, you should also make it clear that there is no prohibition of bringing in action through the EEOC. However, after its conclusion or the issuance of a “right to sue” letter, further proceedings would have to be through arbitration and not a court trial. The language you might want to use is as follows:

You are not prohibited from pursuing an administrative claim with a local, state or federal administrative body or government agency that is authorized to
enforce or administer laws relating to employment, including but not limited to the Federal Equal Employment Opportunity Commission or similar state
administrative agency.  However, after exhausting such an administrative claim, if you wish to proceed further, it must be done by arbitration.

 

www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.

HR Consulting Update: Keeping a Job Open After Returning From ADA Leave

by hrconsulting14

Consider a case in which an employee is taking unpaid ADA leave per direction from his doctor. Because the position must be filled in order to operate the business, it was filled by a floater. The question is what job needs to be offered the disabled employee after returning from ADA leave.

The EEOC and many courts take the position that a company must hold the employee’s job open as a reasonable accommodation while under an ADA leave of absence, unless doing so would create an undue hardship. Thus, if it would cause such a hardship, the person’s position can be replaced by another during the ADA leave. But even if this is the case, upon the employee’s return, there must be a good faith attempt to find a vacant and equivalent position to which he is qualified. In other words, reassigning him to another job.

But there are other HR exceptions to the requirement of offering another job upon return from disability:

  • Absence for a significant amount of time. Most reported court cases deal with a 1 to 2-year period. However, there is a case similar to ours in which only a couple months was considered an undue hardship. For example, in Walton v. Mental Health Association of Southeastern Pennsylvania,168 F3d 661 (3rd Cir. 1999), a 2 ½ month ADA leave was considered excessive and caused undue hardship to the employer. There the employee’s presence was essential and there was fear the program the employee was heading would fail for lack of funding and leadership.

 

  • Erratic and unpredictable leave. This is when the employee frequently starts and stops his or her job. This can be especially difficult from HR consulting standpoint.

 

  • Indefinite leave. This is usually when the employee will not commit and say how long they will be out or even give an indication whether they want to come back or not.

To sum up, there is good and bad news. The good news is the company can hardly operate without having a current operator and it would be an undue hardship to leave this position vacant.  There is a good argument that having the floater take over this position is proper.

The bad news, if you want to describe it that way, is that upon the return of the employee, there has to be in a good faith effort by HR to find some other equivalents job. But he needs the experience or the desire to take another job. For this reason, it is suggested the employee be emailed that his job has been taken over by another through necessity and that upon his return, offering him a couple alternative jobs if he wishes. Then let him make the decision. The email can state:

 

Dear ______________:

Thank you for providing us your doctor’s note you will remain on disability leave through _______________, 2019. As you know, your position was that of ______________. In order to maintain operations and produce product, we need someone performing that position at all times. As result, we have hired an individual to take over that job and it is no longer available.

However, upon your return, and we would be happy to offer you the following positions if you wish: __________________________________________. Please let us know your desires in this regard.

 

www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.

 

Denying Service to Patrons of Places of Public Accommodation (Hotels and Restaurants)

by hrconsulting14

The question presented is whether a place of public accommodation, such as a hotel or restaurant, can deny service to a patron. This is important for HR consultants to understand, because it may impact whether your clients are sued for discrimination.

Take the example of a restaurant. This is clearly a place of public accommodation. In other words, the public may enter and use the facilities. In general, a place of public accommodation has the right to refuse service to a patron. But not on the basis of a protected class. In California, this includes: race or color, national origin or citizenship, religion or creed, sex, age, disability, pregnancy, genetic information, veteran status, marital status, sexual orientation or gender identity, medical condition, HIV status, political affiliations or status as a victim of domestic violence, assault or stalking. It appears Kevin is not a member of any protected class.

But California goes even further. In 1959 it enacted the Unruh Civil Rights Act, Civil Code Section 51, which states:

(b) All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever.

This prohibits any form of arbitrary discrimination, even if it is not included in the protected classes described above.  In Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142 1152, it construed the Act to apply to several unexpressed classifications–namely, unconventional dress or physical appearance, families with children, persons under age 18, and homosexuality. (Harris, supra, 52 Cal.3d at p. 1155).

This allows a restaurant to exclude if there is a showing of good cause. The court observed in Stoumen v. Reilly, 37 Cal.2d 713:

 

Members of the public of lawful age have a right to patronize a public restaurant and a bar so long as they are acting properly and are not committing illegal and immoral acts. The proprietor has no right to exclude or reject a patron except for good cause, and if he does so without good cause, he is liable in damages.” Clearly, the law does not allow a business to arbitrarily exclude a prospective customer. In order for courts to determine what constitutes arbitrary discrimination, the court must examine whether the action taken by a business owner is reasonable and for good cause. Good cause is established when there is evidence of improper, illegal or immoral conduct by the customer that occurs on-premises and that is contrary to the public’s welfare or morals.

 

Thus, the exclusion can be proper if it is based upon neutral or economic factors (Harris, supra, 52 Cal.3d 1142, 1148), namely preventing a patron from further harassment of an employee. Other examples would be a patron causing a disturbance or committing some kind of illegal act.

Note also that California Penal Code Section 602.1 allows a restaurant owner to exclude a patron if that person would disrupt the business:

 

(a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.

 

Note also you do not need a sign to eject someone. Although it might be helpful from a practical standpoint, signs such as: “We reserve the right to refuse service at any time” are not technically required.

So as an HR consultant, bear these issues in mind and appropriately inform your clients.

 

National Lien Law can act as your virtual Human Resources Consulting Firm–either replace your existing HR Department or augment it with our ongoing human resources consulting services. And, we are equipped to prepare any documents required (for example, termination notices, warnings, employment agreements/confidentiality/noncompete, employee handbooks, write-ups, responses to claims, wage and hour disputes, legal memos to management, response to attorney demands, legal investigations, help with arbitrations or language used in your emails and communications with employees). Services can be on a retainer basis, hourly or flat fee. Our human resources consultants have law degrees and 20+ years’ experience in human resources consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434. Info.NationalLienLaw@gmail.com.

HR Consulting News Update–Religious Affiliation on Job Application

by hrconsulting14

The question is whether there can be an optional question inserted in job applications as to whether Muslim individuals or similar persons would have a religious objection to delivering alcohol.

A quick check of the EEOC website indicates the following relevant passage:

Questions about an applicant’s religious affiliation or beliefs (unless the religion is a bona fide occupational qualification (BFOQ)), are generally viewed as non job-related and problematic under federal law . . .[O]ther employers (for example not churches or other religious organizations) should avoid questions about an applicant’s religious affiliation, such as place of worship, days of worship, and religious holidays and should not ask for references from religious leaders, e.g., minister, rabbi, priest, imam, or pastor.

In other words, a direct inquiry as to one’s religion would be prohibited. But what if you mention on employment applications, without asking about one’s specific religion, that they might be delivering alcohol products and asking if they would have a problem doing so? Could you be sued for doing so?

Unfortunately, it could go either way. Here are the two arguments:

  • There is no discrimination against religion–you are actually honoring it. You are simply giving them a “heads up” there may be difficulties with their beliefs in such deliveries. Isn’t that something that a prospective employee would like to know before joining the team?
  • You cannot ask an applicant about their religious beliefs, but here you are indirectly doing so. If they say they cannot make the deliveries, it is because of their religious beliefs so in essence you are making that inquiry. If they cannot do so, it gives you the right to deny the application. It may also come out in discovery that you have a number of Muslim workers that have objections (which you do not like) and that is the reason you have posed the question.

If you do want to broach the subject in the application, you might consider the following:

Optional Question: We do not make inquiries into an applicant’s religious denomination, religious affiliation, places of worship or religious holidays. Nor do we discriminate for or against any religion. We honor the religious beliefs of our employees, seek to accommodate them, but at the same time do not want you to be uncomfortable in performing certain services. As a disclosure, part of your duties may involve the lawful delivery of alcoholic beverages or marijuana paraphernalia. Without disclosing any religious denomination or belief, is this something you will not be able to do?

www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.

HR Consulting News: the ADA and Back Problems

by hrconsulting14

Question: What ADA accommodation is required under the ADA for back problems involving a degenerative disc?

Answer: Although the ADA does not have a specific list of medical conditions, there is a general definition of disability that involves an impairment substantially limiting one or more major life activities, which would clearly apply to her work situation.

As is well known, if there is such a disability, there must be a reasonable accommodation as long as there is not significant difficulty or expense. Here are some possibilities: a) preventing heavy lifting or strain upon the back muscles, b) longer breaks (for example, 5 minutes as opposed to 10 minutes), c) allow some work from home, d) an ergonomic chair or back brace, e) height adjustable desk, f) desktop organizers for easy access to files or g) a sit/stand computer workstation.

There is no such thing as leaving early and resting at home as a reasonable accommodation. If there is a reasonable accommodation, it should be at the premises.

You can offer the employee work at home under a telework program, but only if he/she is actually working exclusively for company business during those periods and she can accomplish her work duties.

www.HRconsulting.network can act as your virtual HR Independent Consultant. Our consulting services include: 1) acting as your virtual Human Resources department, 2) assisting your existing HR department personnel, 3) giving advice to other HR consultants or 4) simply providing outsourcing information to anyone interested in HR matters. And, we are equipped to prepare any documents required. Examples include: termination notices; warnings; counseling reports; progressive discipline procedures; write-ups; employment/confidentiality/noncompete agreements; employee handbooks; responses to employee demands; responses to wage and hour, overtime, rest/meal breaks, retaliation and hostile work environment disputes; memos to management; complaint investigations and reports; separation and severance agreements; settlement and release agreements; responses to sexual harassment claims; responses to discrimination claims; arbitration procedures (preparing a binding arbitration agreement, responses and other paper work, scripts and declarations for testimony, representatives to appear at hearings) and help with language used in your emails and communications with employees. Services can be on a retainer basis, hourly or flat fee. Our HR consultants have 20+ years’ experience in HR consulting. Or, simply give us a call for a free initial consultation. (800) 995-9434 (Ext. 1). Or email our parent company (attention Cliff): Info.NationalLienLaw@gmail.com.