THE INTERACTIVE PROCESS ITS ROLE IN PREVENTING DISABILITY DISCRIMINATION

Size: px
Start display at page:

Download "THE INTERACTIVE PROCESS ITS ROLE IN PREVENTING DISABILITY DISCRIMINATION"

Transcription

1 THE INTERACTIVE PROCESS ITS ROLE IN PREVENTING DISABILITY DISCRIMINATION By Kathy Barnes-Jones Employee injuries or illnesses may result in disabilities that can create immense liability for employers. Under the Americans with Disabilities Act (ADA) and the Fair Employment & Housing Act (FEHA), civil rights protections are provided to disabled employees that must be adhered to by employers. ADA and FEHA claims require employers to use the Interactive Process to determine if a reasonable accommodation can be provided that can allow an employee to perform the essential functions of their job. Workers Compensation laws are also important here since many employees become disabled as a result of a job-related injury or illness. It is important for organizations to understand the Interactive Process and how it can help them meet legal requirements and greatly reduce liability. Strategic use of the Interactive Process provides legal protection to all disabled employees, while it offers a structure employers can use to comply with their ethical and moral responsibilities and maintain a diverse, knowledgeable, flexible and well-trained workforce. How does an employer accurately define a disabled employee? What is the Interactive Process, and how can it be mutually beneficial to an employer and a disabled employee? What is a reasonable accommodation? In order to understand why the Interactive Process is necessary, a description of the term disability will be followed by a brief outline of disability law. Also, an overview of the Interactive Process, its key components and its importance to employees and employers will be included. Finally, a case will be made for the value of Union leadership understanding this important process to ensure the rights of their members. Disabled Employee The Wilke Fleury Labor and Employment Newsletter highlights the varied definitions of disability as follows: Disability has distinct meanings under workers compensation laws, the Fair Employment & Housing Act (FEHA), and the ADA. Under workers compensation, a disabled employee is any employee who has suffered a workplace injury that restricts the worker s ability to perform the job. The FEHA, by contrast, specifically defines disability as an impairment that limits an individual s ability to participate in a major life activity, which California courts construe broadly to include anything that makes achievement of job functions difficult. The ADA defines the term more rigidly as an impairment that substantially limits a major life activity. As a result, a condition that constitutes a disability under workers compensation may not necessarily qualify as one under the FEHA or the ADA. For example, an employee might be able to file a workers compensation claim for even a relatively minor workplace injury (and for any discrimination resulting from it, but unless the injury limited a major life activity), relief under the FEHA or ADA would be unavailable. According to Employment Law, the Essential HR Desk Reference by Lisa Guerin, J.D., impairment qualifies as a disability even if it is episodic in remission, as long as it substantially limits a major life activity when it is active. This rule, added by the ADAAA, is intended to ensure that obviously serious conditions, like cancer and multiple sclerosis, are treated as disabilities. Even if the degree to which they impair someone s day-to-day functioning waxes and wanes. It also says that if someone currently uses illegal drugs they are not protected by the ADA, even if the person is addicted. However, if someone no longer uses drugs illegally and is participating in or has completed a drug 1

2 rehabilitation program, they are protected from discrimination. An employee who is an alcoholic is also protected by the ADA, but the employer may apply its usual standards of behavior and performance. For example, an employer may discipline an employee who misses work without notice, even if the employee is an alcoholic and was absent because of a binge-drinking episode. What the employer may not do is punish the employee simply for being an alcoholic (for example, because the employee attends Alcoholics Anonymous meetings or takes prescription medication to curb the urge to drink). Realistically though, any employee could become disabled at any time due to an unforeseen circumstance and would need legal protection under the law. To fully grasp the value of disability laws, it is important to acknowledge that disabled individuals have faced numerous obstacles that prevented them from full participation in the employment arena. In the past, work-related injuries or illnesses or disabilities could make a person unemployable. The ADA, FEHA and Workers Compensation laws were created to provide protection from discrimination resulting from an individual s disability. As noted in The American s with Disabilities Act 3, Acknowledging that disabled persons are as equally entitled to participate in society as non-disabled Americans, the federal government intervened to provide the disabled with effective legislation to enforce their rights. In 1990 Congress passed the ADA to provide civil right protections to individuals with disabilities and is enforced by the Equal Employment Opportunity Commission (EEOC). The ADA prohibits discrimination against applicants and employees who are qualified individuals with a disability. Workers compensation is a statemandated insurance program that compensates employees who experience job-related illnesses or injuries, and it is managed by the State Workers Compensation Commission. In California these type laws have been in effect for decades. FEHA specifically prohibits discrimination based on mental or physical disability (along with other criteria such as age, medical condition, and marital status). California disability laws have historically offered greater protection to employees than federal law. As noted above, both the FEHA and ADA prohibit disability discrimination and require a reasonable accommodation process. (A reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment opportunity.) FEHA and ADA claims generate a responsibility of an employer to engage in an Interactive Process to determine if a reasonable accommodation can be provided that would allow the employee to perform the essential functions of the job. What exactly is the Interactive Process? The Interactive Process The Interactive Process can be defined as a forum that incorporates good faith communication that allows the employer to maximize opportunities for the disabled employee to receive their disability civil rights by providing reasonable accommodations. This process allows the employee to participate in the decision-making process regarding reasonable accommodations. Proper use of the Interactive Process can help an employer avoid financial liability associated with violation of ADA and FEHA laws. According to Mediate.com, employers are required to engage in the Interactive Process. If an employer neglects (or refuses) to engage in the Interactive Process, it does so at its own peril. The failure to participate in the Interactive Process in good faith deprives the employer of its immunity from damages for failure to reasonably accommodate an employee. Generally, if an employer fails to provide an employee with a 2

3 reasonable accommodation, that employee can recover damages. However, if the employer engages in the Interactive Process in good faith, that employer will be immune from damages. An employer can greatly reduce the risk of ADA liability by engaging in the Interactive Process in good faith by demonstrating that they have had an open dialogue with employees and have worked with them to find solutions. According to SMART HR Manager.com, when an employer fails to participate in the Interactive Process of finding a workplace accommodation for an employee with a disability, that misstep can be used as evidence of discrimination. Disability discrimination exposure includes failure to reasonably accommodate, failure to engage in the Interactive Process, discrimination adverse employment action, harassment and retaliation. Under FEHA, if an employer fails to reasonably accommodate an applicant or employee, the Federal Employment & Housing Commission can order the employer to cease and desist the discriminatory practice; to hire or reinstate; and award actual damages including but not limited to, lost wages; emotional distress damages, and administrative fines not to exceed $150,000. If the matter is heard in civil court, the potential damages would be unlimited. The FEHA requires that, Once a disability that is protected under the law is established, an employer is obligated to provide a reasonable accommodation unless the accommodation would represent an undue hardship to the business operation. As noted by Jody Florentine, in Interactive Process 101, An employer could fully accommodate a disabled person and still violate the statue if the decisions were made unilaterally or without first engaging in the Interactive Process. The employer s goal is to return the employee to work in a productive capacity as quickly as medically possible after a disabling injury or illness. Once the employee requests an accommodation or the supervisor observes a need for one, the following steps should be taken: 1. Review relevant records (including medical documents) that support the need for reasonable accommodation. This should include work capabilities and restrictions. If physician directions are unclear, request clarification. 2. Identify the essential job functions using a job description and information from the employee s supervisor. The essential functions of the job include the fundamental reasons a job exists. An employer is not required to remove essential functions of a job to accommodate the injured worker. 3. Engage the employee in a discussion to identify potential barriers to performing essential job functions that could be addressed with reasonable accommodations. Fully document all conversations for the record including date, attendees, any decisions reached, or agreed to follow-up actions. Marlon Robbins, MPA, ARM, Dennis Huie, Esq. and Eric Dair, Esq. of Robbins Risk Consulting and Training recommends that these type discussions include all activities, physical demands, environmental conditions, frequency of activities and hours per day required for each activity. 4. Investigate (by discussions with the employee, their supervisor, and possibly a union representative) and evaluate all potentially feasible job modifications or accommodations. 5. Analyze whether the modifications are a reasonable accommodation or if they create an undue hardship for the employer. 6. Offer or reject reasonable accommodation. Implement decision and document the entire process (in writing). 3

4 7. Implement and monitor the accommodation to ensure it is effective, making adjustments if necessary. Accommodations that are found to be problematic can be withdrawn or modified if they do not allow the employee to perform the essential functions of his/her job or possibly become a burden to their employer). Agreements made in meetings should be clearly expressed (in writing) to those who are offered accommodations so they will understand which specific conditions are part of the accommodation and what their performance expectations are. If applicable, it would be important for the employer to define which performance standards are being modified and which are not. Any such clarifications should accompany the accommodation. According to HR and Employment Law News, the Interactive Process is ongoing. If an employee s circumstances change, the Interactive Process should include making the necessary adjustments to reasonably accommodate the employee. Failure to properly work with employees to find reasonable accommodations can result in a bottomless pit of liability to a careless employer. To move forward with the Interactive Process, only basic medical information is necessary such as the diagnosis (pertinent to the disability); the prognosis or status (Maximum Medical Improvement [MMI] or Permanent & Stationary [P&S]); treatment regimen or therapy appointments; medical side effects; and restrictions related to the impairment. Nothing outside of information directly related to the work-related disability should be requested or discussed. What exactly could a reasonable accommodation include? Reasonable Accommodations Reasonable accommodations may include: Acquiring or modifying equipment or devices; Job restructuring; Adjusting or modifying examinations, training materials or policies; Providing readers and interpreters; Making existing facilities accessible to and useable by workers with disabilities; Modifying work schedules; Reassignment to a vacant position. FEHA entitles an employee with a disability to Preferential Consideration in reassignment or transfer to a vacant position; Paid or unpaid leave; Alcohol or drug rehabilitation programs; In 2008, President Bush signed the Americans with Disabilities Act Amendments Act (ADAAA), which made a number of changes to the ADA. The stated purpose of the ADAAA was to make clear that Congress intended for the term disability to be interpreted broadly, in order to provide a national mandate to end discrimination against people with disabilities. The ADAAA went into effect on January 12, But it is equally important for employers to know what, if any, exceptions exist. According to the Essential Guide to Federal Employment Laws, there are four major exceptions to employers responsibilities under the ADA: 4

5 Undue hardship. Employers are not required to make an accommodation for a qualified person with a disability if making the accommodation would cause the employer an undue hardship. Whether an accommodation creates an undue hardship depends multiple factors such as the cost of the accommodation, the size and financial resources of the business, the business structure and the effect the accommodation would have on the business. Direct threat. An employer may transfer or terminate a qualified individual with a disability if having them on the job would pose a direct threat to their own health or safety or to the health or safety of other workers. Religious institutions. Churches or other religious institutions may prefer applicants who conform to the tenets of their religion over otherwise qualified applicants with a disability. Food handling. If a job requires food handling, an employer can refuse to hire someone with an infectious or communicable disease if a reasonable accommodation cannot eliminate the risk of transmitting the disease. Some agencies engage in the Interactive Process when modified duty or a work hardening assignment has reached the twelfth week and the employee is not medically able to return to their usual and customary assignment. The Interactive Process will be conducted to determine and explore other possible future assignments if an employee is not medically able to return to their usual and customary job at the end of a work hardening assignment. If a qualified employee with a disability or medical condition cannot perform the essential functions of their current position, with or without accommodation, the employer may choose to explore reassignment to a vacant position. Promotions, creation of new positions, or displacement of other employees are not a required part of the accommodation process. Unions Many employees who experience a job-related injury or illness do not fully understand the ADA, FEHA and Workers Compensation laws that may provide them with important legal protections. Unions as a general rule should be as knowledgeable about the Interactive Process as possible so they can protect the rights of their disabled members. Union leadership can do much to assist their members to develop creative ways to reasonably accommodate disabled or injured workers. Union leadership should take responsibility for informing their members of the help that is available for their injured or disabled members. It should be noted that an employee s rights under FEHA may not be waived or bargained away via Collective Bargaining Agreements (CBA), although a CBA may affect whether an accommodation is considered reasonable. Mutual Benefits of Reasonable Accommodation Employees who have a medical condition or disability as defined by federal and state law, have the right to be free from discrimination on the basis of that condition or disability. When the Interactive Process is effective, these employees have opportunities to be reasonably accommodated and to participate in that decisionmaking process. This reduces the fear of job loss that was so common for disabled employees before protective laws were instituted. 5

6 Employers who strategically manage the Interactive Process have policies in place to assist supervisors and managers to work cooperatively with Human Resources to acknowledge requests for reasonable accommodation and document the complete process. This helps the organization prevent disability discrimination and avoid the tremendous liability that can result from missteps in this arena. Documentation is a valuable part of the process, particularly so an employer can prove their good faith efforts and show that various accommodations were offered. If an employer ends up in court, such documentation is critical to prove that reasonable accommodations that were offered to the employee. Although the ADA does not require that job descriptions include essential job functions, employers who want to protect themselves from potentially costly litigation can ensure that a description is completed for every position. Job descriptions should clearly identify essential job functions and the physical/mental requirements of each function. It is most helpful if the essential functions are described in terms of the results or outcomes of a function. Accurate job descriptions are one way to help employers make fair and objective decisions regarding employment issues. Additionally, organizations who understand the importance of a well-orchestrated Interactive Process provide procedures identifying what must be done and who is responsible for the various parts of the process. A Risk Management Representative or Disability Coordinator may be responsible for advising supervisors regarding the required medical documentation and for ensuring that the necessary accommodations are in place and are working acceptably. The Supervisor may be responsible for implementing a reasonable accommodation for an employee and notifying the Risk Management Representative or Disability Coordinator of any problems or changes that arise. The Risk Management Representative or Disability Coordinator may also be responsible for ensuring that any forms that the organization provides to the employee receiving the reasonable accommodation are filled out correctly and filed for easy retrieval. The Supervisor may work closely with the Department Head if a reasonable accommodation involves a job change within the department. The more structured the program that facilitates the Interactive Process is, the less opportunity for mistakes and misunderstandings. Lastly, organizations who want to strategically manage the Interactive Process will ensure that a plan of action is developed for each disabled employee that allows for ongoing good faith communication and flexibility as circumstances evolve. Again, these programs must be structured to continually evaluate the effectiveness of an accommodation for the employee and for the organization. Employee injuries or illnesses can result in disabilities that can create great liability for employers. However, organizations that strategically use the Interactive Process can benefit from the legal protections it makes available to all disabled employees. Anyone can be injured at any time and require the legal protections afforded through ADA, FEHA and Workers Compensations laws. Use of the Interactive Process creates a structure employers can use to comply with their ethical and moral responsibilities to employees. By reasonably accommodating employees, employers are able to maintain a diverse, knowledgeable, flexible and well-trained workforce. 6

7 WORKS CITED Guerin, Lisa J.D. (2011). Employment Law: The Essential HR Desk Reference. Berkeley, California: Nolo. The Wilke Fleury Labor and Employment Newsletter, Sacramento, CA: Healthcare Law. Jasper, Magaret C. (2008). The Americans with Disabilities Act. Oceano, New York: Oxford University Press, Inc. Mediate.com SMART HR Manager.com Disability Under The Employment Fair Housing Act: What you should know about the Law CA Department of Fair Employment & Housing. Guerin, Lisa J.D. and Delpo, Amy J.D. The Essential Guide to Federal Employment Laws. Berkeley, California: Nolo. Florentine, Jody. Interactive Process 101. HR and Employment Law News Kathy R. Barnes-Jones Administrative Analyst 3 Alameda County Water District South Grimmer Blvd. Fremont, CA (510)

City of Miami Gardens

City of Miami Gardens City of Miami Gardens Americans with Disabilities Act Employment Guide to Reasonable Accommodation Why do I need to know about Reasonable Accommodations? The Americans with Disabilities Act (ADA) and the

More information

5 Discrimination Based on Disability

5 Discrimination Based on Disability 5 Discrimination Based on Disability I. Overview 5.1 Darcie R. Brault Allyson A. Miller II. The Americans with Disabilities Act of 1990 (ADA) A. The Purpose of the ADA 5.2 B. Who Must Comply with the ADA

More information

The ADA: Your Employment Rights as an Individual With a Disability

The ADA: Your Employment Rights as an Individual With a Disability The U.S. Equal Employment Opportunity Commission The ADA: Your Employment Rights as an Individual With a Disability The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in

More information

REASONABLE ACCOMMODATION

REASONABLE ACCOMMODATION REASONABLE ACCOMMODATION Reasonable Job Accommodation When an applicant or employee has a disability, the employer must explore all possibilities of reasonable accommodation through the interactive process

More information

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace

Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Managing Medical Marijuana, Madness and Other Medical Issues in the Workplace Procopio s Annual Labor and Employment Seminar 11.17.14 Wendy L. Tucker, Senior Counsel One of the Most Challenging Areas in

More information

Disability Discrimination in the Workplace

Disability Discrimination in the Workplace By: Nathan Davidovich Copyright (c) April 2011 Disability Discrimination in the Workplace Despite increased sensitivity to physical and mental disabilities, many of America's workers find themselves to

More information

By Lawrence Peikes and Meghan D. Burns

By Lawrence Peikes and Meghan D. Burns By Lawrence Peikes and Meghan D. Burns On September 25, 2008, President George W. Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) into law. The ADAAA, which took effect on

More information

QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS

QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS U.S. Department of Justice Civil Rights Division Disability Rights Section QUESTIONS AND ANSWERS: THE AMERICANS WITH DISABILITIES ACT AND HIRING POLICE OFFICERS The Americans with Disabilities Act, or

More information

Employment Rights Under the Americans with Disabilities Act

Employment Rights Under the Americans with Disabilities Act DEVELOPED BY EQUIP FOR EQUALITY UNDER A GRANT PROVIDED BY THE ILLINOIS DEPARTMENT ON AGING DISCRIMINATION Employment Rights Under the Americans with Disabilities Act People with disabilities, including

More information

MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies

MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies MANAGING WORK RELATED INJURIES: The Interaction of Workers Compensation, the ADA and Maximum Leave Policies Patrick J. Harvey harveyp@ballardspahr.com Ballard Spahr LLP 215.864.8240 Erin K. Clarke clarkee@ballardspahr.com

More information

THE ROLE OF ADA & WLAD IN WORKERS COMPENSATION

THE ROLE OF ADA & WLAD IN WORKERS COMPENSATION THE ROLE OF ADA & WLAD IN WORKERS COMPENSATION A presentation by Washington Hospitals Workers Compensation Program and Elizabeth Reeve This webcast series is being recorded and will be available for viewing

More information

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More

Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Costliest Termination Mistakes and How to Avoid Them: Leaves, Workers Compensation, Disabilities and More Michael W. Garrison, Jr. O Melveny & Myers LLP Harold M. Brody Proskauer Rose LLP 0 Preliminary

More information

DISABILITY AND RELIGIOUS ACCOMMODATIONS IN CALIFORNIA: AVOIDING COMMON (AND NOT-SO-COMMON) TRAPS. A u g u s t 2 2, 2 0 1 3

DISABILITY AND RELIGIOUS ACCOMMODATIONS IN CALIFORNIA: AVOIDING COMMON (AND NOT-SO-COMMON) TRAPS. A u g u s t 2 2, 2 0 1 3 DISABILITY AND RELIGIOUS ACCOMMODATIONS IN CALIFORNIA: AVOIDING COMMON (AND NOT-SO-COMMON) TRAPS P R E S E N T E D B Y : J E R R Y J. D E S C H L E R J R. J A C K S O N L E W I S L L P A T T O R N E Y

More information

KNOW YOUR RIGHTS Training on the Legal Rights and Responsibilities of People with Alcohol and Drug Problems

KNOW YOUR RIGHTS Training on the Legal Rights and Responsibilities of People with Alcohol and Drug Problems I. The Basics KNOW YOUR RIGHTS Training on the Legal Rights and Responsibilities of People with Alcohol and Drug Problems California Laws Regarding Discrimination (December 2006) Q1. Does California have

More information

The Federal EEO Process

The Federal EEO Process The Federal EEO Process LULAC National Convention and Exposition Cincinnati, Ohio June 27- July 2, 2011 Overview of EEO Laws Identifying Discrimination 1 Laws Enforced by the EEOC Title VII of the Civil

More information

Disability Under the Fair Employment & Housing Act: What you should know about the law. California Department of Fair Employment & Housing

Disability Under the Fair Employment & Housing Act: What you should know about the law. California Department of Fair Employment & Housing Disability Under the Fair Employment & Housing Act: What you should know about the law California Department of Fair Employment & Housing Disability Under the Fair Employment and Housing Act: What You

More information

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA

THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA August 25, 2015 THE INTERPLAY OF THE AMERICANS WITH DISABILITIES ACT, WORKERS' COMPENSATION AND FMLA Laurie Goetz Kemp Kightlinger & Gray, LLP 3620 Blackiston Blvd., Suite 200 New Albany, IN 47150 812-949-2300

More information

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger

DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN. Lee Hornberger DISABILITY EMPLOYMENT DISCRIMINATION LAW IN MICHIGAN by Lee Hornberger This article discusses the Persons with Disabilities Civil Rights Act (PWDCRA), MCL 37.1101, et seq; MSA 3.550(101), et seq, as it

More information

Disability Discrimination in the Workplace

Disability Discrimination in the Workplace By: Nathan Davidovich Copyright (c) May 2014 Disability Discrimination in the Workplace Despite increased sensitivity to physical and mental disabilities, many of America's workers find themselves to be

More information

South Coast Education Service District

South Coast Education Service District South Coast Education Service District Code: ACA-AR(1) Adopted: 6/11/96 Orig. Code(s): ACA-AR Americans with Disabilities Act In compliance with the Americans with Disabilities Act, the following procedures

More information

Interaction of ADA, FMLA & Workers Compensation

Interaction of ADA, FMLA & Workers Compensation Interaction of ADA, FMLA & The relationship between ADA, FMLA and Workers Compensation If an employee is a qualified individual with a disability within the meaning of the ADA, the employer must make reasonable

More information

The ADA: Your Reponsibilities as an Employer

The ADA: Your Reponsibilities as an Employer The U.S. Equal Employment Opportunity Commission The ADA: Your Reponsibilities as an Employer ADDENDUM Since The Americans with Disabilities Act: Your Responsibilities as an Employer was published, the

More information

Policy Summary: Policy Statement:

Policy Summary: Policy Statement: FITNESS FOR DUTY POLICY - EXAMPLE #1 Reason for The COMPANY is committed to promoting a safe and healthy environment for its Policy: employees, students, patients and visitors. Such an environment is possible

More information

IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons

IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5 Chapter 5. Employment Discrimination Against Disabled Persons IC 22-9-5-1 "Auxiliary aids and services" defined Sec. 1. As used in this chapter, "auxiliary aids and services" includes the following:

More information

The ADA and Competitive Integrated Employment

The ADA and Competitive Integrated Employment The ADA and Competitive Integrated Employment Presentation by EEOC Commissioner Chai R. Feldblum to the Advisory Committee on Increasing Competitive Integrated Employment of Individuals with Disabilities

More information

Fitness For Duty For Employers:

Fitness For Duty For Employers: Fitness For Duty For Employers: Guidelines on medical inquiries, accommodation and managing injury, illness, attendance and work assignments under FMLA, ADA and workers compensation regulations. 1. Q:

More information

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved

Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Standing at the Intersection of Workplace Injuries: When Both Federal and State Government Get Involved Presented by: Mark A. Baugh mbaugh@bakerdonelson.com Workers Comp/FMLA/ADAAA Roadmap Basic Statutory

More information

Worker s Co mpe ns ati on Temporary Transitional Work Program

Worker s Co mpe ns ati on Temporary Transitional Work Program Worker s Co mpe ns ati on Temporary Transitional Work Program PURPOSE The Temporary Transitional Return to Work Program (TTRW) has been designed to enable employees who are medically unable to perform

More information

2015 Atkinson, Andelson, Loya, Ruud & Romo. Mental Health and Disability Issues in the Workplace 2015 Employment Law Conference Session 9

2015 Atkinson, Andelson, Loya, Ruud & Romo. Mental Health and Disability Issues in the Workplace 2015 Employment Law Conference Session 9 Mental Health and Disability Issues in the Workplace 2015 Employment Law Conference Session 9 Prepared by: Paul S. Fleck Cerritos Fresno Irvine Pasadena Pleasanton Riverside Sacramento San Diego Mental

More information

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal

This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal This brochure provides general guidance on the legal rights of individuals with alcohol and drug problems. It is not intended to serve as legal advice for any particular case involving or potentially involving

More information

SUL ROSS STATE UNIVERSITY A Member of the Texas State University System

SUL ROSS STATE UNIVERSITY A Member of the Texas State University System RETURN TO WORK POLICY APM 5.12 (Revised 5/2012) It is the policy of Sul Ross State University to provide a return to work program as the means to return employees to meaningful, productive employment following

More information

Returning to Work After a Job Injury

Returning to Work After a Job Injury Returning to Work After a Job Injury Tools for Injured Workers and Unions Labor Occupational Health Program, University of California at Berkeley 2007 Acknowledgments This booklet was prepared and designed

More information

Accommodation and Compliance Series

Accommodation and Compliance Series Accommodation and Compliance Series Employees Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the Americans with Disabilities Act Preface The Job Accommodation Network (JAN)

More information

What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws

What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws What to do when considering termination of an injured employee and be in compliance with the ADA, the FMLA and workers compensation laws Most roofing contractors have faced the decision whether to terminate

More information

POLICY: 04-05 PART I Chapter: BENEFITS Subject: RETURN-TO-WORK SERVICES Authorization: BoD Resolution 2001/07/38 August 21, 2001

POLICY: 04-05 PART I Chapter: BENEFITS Subject: RETURN-TO-WORK SERVICES Authorization: BoD Resolution 2001/07/38 August 21, 2001 REFERENCE: Workers Compensation Act, RSA 2000, Sections 1(1)(f), 54, 56, 63, 89, and 137.1 POLICY: When a work-related injury results in compensable work restrictions that impair a worker s employability

More information

Addiction at Work: Managing Employees with Drug and Alcohol Issues. Webinar September 21, 2011

Addiction at Work: Managing Employees with Drug and Alcohol Issues. Webinar September 21, 2011 Addiction at Work: Managing Employees with Drug and Alcohol Issues Webinar September 21, 2011 Statutory & Regulatory Framework Federal Statutes Drug-Free Workplace Act Americans with Disabilities Act Rehabilitation

More information

How New York City Employers Can Avoid Trouble under Mayor de Blasio s New Employment Laws

How New York City Employers Can Avoid Trouble under Mayor de Blasio s New Employment Laws How New York City Employers Can Avoid Trouble under Mayor de Blasio s New Employment Laws VENABLE LLP May 14, 2014 8:30 a.m. 10:00 a.m. SPEAKERS Nicholas M. Reiter, Esq. Raquel O. Alvarenga, Esq. Natalie

More information

When the FEHA and Labor Code Collide: Practical Tips for Reconciling California s Disability Accommodation and Workers Compensation Requirements

When the FEHA and Labor Code Collide: Practical Tips for Reconciling California s Disability Accommodation and Workers Compensation Requirements When the FEHA and Labor Code Collide: Practical Tips for Reconciling California s Disability Accommodation and Workers Compensation Requirements Dan Ojeda University Counsel CSU Office of General Counsel

More information

1. How many children do you have? This question is inappropriate for two reasons.

1. How many children do you have? This question is inappropriate for two reasons. Interview Questions: Legal or Illegal? Can you ask if an employee has been arrested? If they have a high school diploma? What organizations they belong to? Employment application forms and pre-employment

More information

Workers' Compensation Act, 1981 (as amended), Sections 1(1)(d), 49,51,57, and 83

Workers' Compensation Act, 1981 (as amended), Sections 1(1)(d), 49,51,57, and 83 04-05 PART I REFERENCE : Workers' Compensation Act, 1981 (as amended), Sections 1(1)(d), 49,51,57, and 83 When a work-related injury results in compensable work restrictions that impair a worker's employability

More information

REASONABLE ACCOMMODATIONS PROGRAM

REASONABLE ACCOMMODATIONS PROGRAM United States Department of Agriculture Marketing and Regulatory Programs Agricultural Marketing Service Animal and Plant Health Inspection Service Grain Inspection, Packers and Stockyards Administration

More information

Revised 18 January 2013. The University of Texas at Austin University Compliance Services

Revised 18 January 2013. The University of Texas at Austin University Compliance Services The University of Texas at Austin University Hello and welcome. This portion of the Compliance Program will introduce you to the topic of Employment Discrimination, and the University's policies and procedures

More information

Do you know your ABCs? An Alphabetical Primer on Employment Law

Do you know your ABCs? An Alphabetical Primer on Employment Law A Legal Newsletter for Employers & Human Resource Professionals By: L. Diane Tindall, Mary M. Williams and J. Kellam Warren Attorneys-at-Law Our Business Is Law. WYRICK ROBBINS YATES & PONTON LLP Issue

More information

THE LAW. Equal Employment Opportunity is

THE LAW. Equal Employment Opportunity is Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues

The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues The Injured Worker a Practical Approach to Managing Workers Compensation, ADA and FMLA issues One of the most perplexing and treacherous aspects of managing a workforce is the handling of an employee who

More information

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Equal Employment Opportunity is THE LAW Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations Applicants to and employees of most private

More information

HOT TOPICS IN EMPLOYMENT LAW

HOT TOPICS IN EMPLOYMENT LAW HOT TOPICS IN EMPLOYMENT LAW I. TERMINATING AN AT WILL EMPLOYEE II. III. REASONABLE ACCOMMODATIONS UNDER THE AMERICANS WITH DISABILITY ACT ILLEGAL DRUG USE AND PROTECTION UNDER THE AMERICANS WITH DISABILITY

More information

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT By: Benjamin D. Briggs Anna C. Curry TROUTMAN SANDERS LLP 600 Peachtree Street NE Bank of America Plaza, Suite 5200 Atlanta, Georgia

More information

ON THE JOB. Employment

ON THE JOB. Employment ON THE JOB Employment In order to work in the United States, you must have a social security number, as required by the federal Social Security Act. If you do not have a social security number, you have

More information

A Manager s Guide to Reasonable Accommodation

A Manager s Guide to Reasonable Accommodation A Manager s Guide to Reasonable Accommodation This guide is the responsibility of the Public Service Agency Province of British Columbia TABLE OF CONTENTS INTRODUCTION...2 KEY CONCEPTS...3 A. The Concept

More information

Safety Incentive and Injury Discipline Policies: The Bad, The Even Worse and the Downright Ugly

Safety Incentive and Injury Discipline Policies: The Bad, The Even Worse and the Downright Ugly United Steelworkers Health, Safety & Environment Department Safety Incentive and Injury Discipline Policies: The Bad, The Even Worse and the Downright Ugly Safety Incentive Programs In a Washington state

More information

THREE RIVERS COMMUNITY COLLEGE PERSONNEL REGULATION

THREE RIVERS COMMUNITY COLLEGE PERSONNEL REGULATION Last Revision: 03/30/10 Page 1 of 7 Workers Compensation The purpose of this regulation is to ensure that employees of Three Rivers Community College injured within the course and scope of their employment

More information

9/22/2015. Practical Steps for Addressing the Injured, Sick and Disabled Workers. Leave Laws

9/22/2015. Practical Steps for Addressing the Injured, Sick and Disabled Workers. Leave Laws Practical Steps for Addressing the Injured, Sick and Disabled Workers Presenters: Sarah Ewing & Regina Jackson Leave Laws ADA Essential Job Functions Interactive Process Reinstating an Employee FMLA/OFLA

More information

The Role of the Labor Relations Professional in Addressing the Issues of the Ill or Injured Worker By Elaine Rowan

The Role of the Labor Relations Professional in Addressing the Issues of the Ill or Injured Worker By Elaine Rowan The Role of the Labor Relations Professional in Addressing the Issues of the Ill or Injured Worker By Elaine Rowan With the current trend of budget reductions, most employers are expected to do more with

More information

Accommodation and Compliance Series. Employees with Alcoholism

Accommodation and Compliance Series. Employees with Alcoholism Accommodation and Compliance Series Employees with Alcoholism Preface The Job Accommodation Network (JAN) is a service of the Office of Disability Employment Policy of the U.S. Department of Labor. JAN

More information

Your Rights FACT SHEET

Your Rights FACT SHEET Mental Illness and Employment: Your Rights. Finding a job is challenging. It can be even harder if you live with a mental illness. Yet for many people, working is an important step on the journey to recovery.

More information

Human Resources and Employment Law for Employers How to Prevent Costly Mistakes

Human Resources and Employment Law for Employers How to Prevent Costly Mistakes Human Resources and Employment Law for Employers How to Prevent Costly Mistakes RLI Design Professionals Design Professionals Learning Event DPLE 271 February 4, 2015 RLI Design Professionals is a Registered

More information

Drug and Alcohol Testing Under the Americans with Disabilities Act

Drug and Alcohol Testing Under the Americans with Disabilities Act Drug and Alcohol Testing Under the Americans with Disabilities Act A Self-Advocacy Guide 5025 E. Washington Suite 202 Phoenix, AZ 85034-2005 602-274-6287 (voice or TTY) 800-927-2260 (toll free) 602-274-6779

More information

THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS

THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS Primary purpose of. Conditions triggering coverage THE FMLA, THE ADA AND WORKERS COMPENSATION LAWS To balance the competing obligations of the workplace and family. Provides unpaid leave to an employee

More information

EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT ADA/FEHA LITIGATION*

EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT ADA/FEHA LITIGATION* EVERYTHING YOU ALWAYS WANTED TO KNOW ABOUT ADA/FEHA LITIGATION* * but were afraid to ask Melodie Larsen OFFICE OF THE COUNTY COUNSEL mlarsen@counsel.lacounty.gov (213) 787-2329 ENFORCEMENT TRENDS Historically,

More information

Key Definitions: VT LEG #309032 v.1

Key Definitions: VT LEG #309032 v.1 Key Definitions: Side-by-Side Comparison of Vermont s Law and New Jersey s CEPA Prepared on May 6, 2015 by Damien Leonard, Esq. Office of Legislative Council Defines employer to include both public and

More information

Questions and Answers from Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories

Questions and Answers from Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories Questions and Answers from Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories NOTE: We answered a substantial number of the questions received; however, we

More information

Undocumented Workers Employment Rights

Undocumented Workers Employment Rights Undocumented Workers Employment Rights YOUR LEGAL RIGHTS 1. What legal rights do I have as an undocumented worker? With a few exceptions, undocumented workers enjoy the legal rights and remedies provided

More information

Myths and Facts About People with Disabilities

Myths and Facts About People with Disabilities Myths and Facts About People with Disabilities Myths are roadblocks that interfere with the ability of persons with disabilities to have equality in employment. These roadblocks usually result from a lack

More information

Policy: Worker s Compensation/ On the Job Injury

Policy: Worker s Compensation/ On the Job Injury Worker s Compensation Policy Policy: Worker s Compensation/ On the Job Injury Policy Statement CITATION REFERENCE Official Title: Worker s Compensation / On the Job Injury Policy Abbreviated Title: Worker

More information

Policy and Procedures

Policy and Procedures Policy and Procedures Return to SafeworksIllinois.com articles Subject: Return To Work Policy 1. Table of Contents 1 2. Purpose.2 3. Policy....2 4. Procedures..3 4.1 Reporting an Injury.3 4.2 Medical Treatment

More information

ADA and FMLA: Impact on Workers Compensation

ADA and FMLA: Impact on Workers Compensation ADA and FMLA: Impact on Workers Compensation A presentation for the AMI Foundation (AMIF) Conference on Worker Safety, Human Resources and the Environment Dallas D. Jones, Esq. BAYLOR, EVNEN, CURTISS,

More information

Caregiver Discrimination. by Patti J. Skoglund

Caregiver Discrimination. by Patti J. Skoglund : by Patti J. Skoglund pskoglund@jlolaw.com 8519 Eagle Point Boulevard, Suite 100 Lake Elmo, Minnesota 55042-8624 (651) 290-6500 EMPLOYMENT LAW WHAT S NEW? I. FAMILY RESPONSIBILITY DISCRIMINATION FRD New

More information

Pregnancy Accommodation Model Policy

Pregnancy Accommodation Model Policy Pregnancy Accommodation Model Policy Introduction Pregnancy accommodation is governed by the Pregnancy Discrimination Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and numerous

More information

[DISABILITY AND ACCOMMODATION] TITLE VII 50 TH ANNIVERSARY OCRE EDUCATIONAL OUTREACH. 50 th Anniversary of the Civil Rights Act of 1964 7.24.

[DISABILITY AND ACCOMMODATION] TITLE VII 50 TH ANNIVERSARY OCRE EDUCATIONAL OUTREACH. 50 th Anniversary of the Civil Rights Act of 1964 7.24. Oklahoma Attorney General Scott Pruitt s Office of Civil Rights Enforcement Presents TITLE VII 50 TH ANNIVERSARY OCRE EDUCATIONAL OUTREACH 50 th Anniversary of the Civil Rights Act of 1964 7.24.2014 Emphasizing

More information

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION THE EEOC S LAWS and UNLAWFUL DISCRIMINATION Presented by Eddie Mary Daniel Abdulhaqq Program Analyst/Small Business Liaison U.S. EQUAL EMPLOYMENT OPPORTUNITY

More information

HIV/AIDS DISCRIMINATION

HIV/AIDS DISCRIMINATION HIV/AIDS DISCRIMINATION Are You Breaking The Law? HALSA HIV & AIDS Legal Services Alliance Produced by the City of Los Angeles Department on Disability, AIDS Coordinator s Office HIV/AIDS DISCRIMINATION

More information

THE INJURED WORKER. The first step is to report the injury or illness to your employer.

THE INJURED WORKER. The first step is to report the injury or illness to your employer. THE INJURED WORKER Who is entitled to workers compensation benefits? If you have an injury or illness caused by your job you may be entitle to workers compensation benefits, which are provided for you

More information

SAFETY IN THE WORKPLACE By Sharon A. Stewart. January 28, 2005. The Occupational Safety and Health Act (OSHA) includes a General Duty Clause

SAFETY IN THE WORKPLACE By Sharon A. Stewart. January 28, 2005. The Occupational Safety and Health Act (OSHA) includes a General Duty Clause SAFETY IN THE WORKPLACE By Sharon A. Stewart January 28, 2005 The Occupational Safety and Health Act (OSHA) includes a General Duty Clause requiring employers to "furnish a place of employment which is

More information

Employee Injury/Illness Reporting and Managed Return to Work. April 15, 2011 HR 23. Human Resources Responsible Key Business

Employee Injury/Illness Reporting and Managed Return to Work. April 15, 2011 HR 23. Human Resources Responsible Key Business Managed Return to Work Date Effective April 15, 2011 City Manager Revision Date Effective Code Number HR 23 Human Resources Responsible Key Business Objective: The City of Charlotte seeks to ensure the

More information

This policy applies to job applicants, Bargaining Unit Staff, Management / Excluded Staff, Casual Staff and Contractors at Yukon College.

This policy applies to job applicants, Bargaining Unit Staff, Management / Excluded Staff, Casual Staff and Contractors at Yukon College. INTRODUCTION This policy applies to job applicants, Bargaining Unit Staff, Management / Excluded Staff, Casual Staff and Contractors at Yukon College. DUTY TO ACCOMMODATE: The Yukon Human Rights Act requires

More information

Office of Security Management (213) 974-7926

Office of Security Management (213) 974-7926 PREPARED BY OCCUPATIONAL HEALTH PROGRAMS CHIEF EXECUTIVE OFFICE RISK MANAGEMENT BRANCH October 2007 Section Page STATEMENT OF PURPOSE...3 Psychiatric Emergencies AUTHORITY & CIVIL SERVICE RULES... 4 Application

More information

TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ

TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ TIPS FOR RESPONDING TO EEOC COMPLAINTS PRESENTED BY: RICHARD D. ALANIZ ERA OF ACTIVE ENFORCEMENT Over the last several years, government agencies that regulate the workplace have been in a mode of aggressive

More information

In analyzing an employment situation where these laws might apply, employers should follow three rules of thumb:

In analyzing an employment situation where these laws might apply, employers should follow three rules of thumb: From the UE Toolbox Navigating the Intersection of the ADA, FMLA, and Workers Compensation Employment situations that involve the Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA),

More information

Navigating Disability Discrimination and Title Goes Here Accommodation Claims

Navigating Disability Discrimination and Title Goes Here Accommodation Claims Navigating Disability Discrimination and Title Goes Here Accommodation Claims Presented By: Danitra Spencer, Consolidated Edison Co. of New York, Inc. Brian Gershengorn, Ogletree Deakins Stephanie L. Aranyos,

More information

Senate Bill No. 2 CHAPTER 673

Senate Bill No. 2 CHAPTER 673 Senate Bill No. 2 CHAPTER 673 An act to amend Section 6254 of the Government Code, to add Article 3.11 (commencing with Section 1357.20) to Chapter 2.2 of Division 2 of the Health and Safety Code, to add

More information

Anti-discrimination Laws: Utah

Anti-discrimination Laws: Utah CHRISTINA M. JEPSON, PARSONS, BEHLE & LATIMER, WITH PRACTICAL LAW LABOR & EMPLOYMENT A Q&A guide to state anti-discrimination law for private employers in Utah. This Q&A addresses Utah laws prohibiting

More information

Utah Labor Commission Industrial Accidents Division. Employers Guide to. Workers Compensation

Utah Labor Commission Industrial Accidents Division. Employers Guide to. Workers Compensation 2015 2016 Utah Labor Commission Industrial Accidents Division E m p l o y e r s G u i d e Employers Guide to Workers Compensation Utah Labor Commission Industrial Accidents Division Employers Guide to

More information

Employment after Traumatic Brain Injury. Living with Brain Injury

Employment after Traumatic Brain Injury. Living with Brain Injury Employment after Traumatic Brain Injury Living with Brain Injury This brochure was developed for friends, family members, and caregivers of persons with brain injury. It also may be used in discussions

More information

Sarasota Personal Medicine 1250 S. Tamiami Trail, Suite 202 Sarasota, FL 34239 Phone 941.954.9990 Fax 941.954.9995

Sarasota Personal Medicine 1250 S. Tamiami Trail, Suite 202 Sarasota, FL 34239 Phone 941.954.9990 Fax 941.954.9995 Sarasota Personal Medicine 1250 S. Tamiami Trail, Suite 202 Sarasota, FL 34239 Phone 941.954.9990 Fax 941.954.9995 NOTICE OF PRIVACY PRACTICES THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY

More information

WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS. Eileen P. Kennedy Berliner Cohen

WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS. Eileen P. Kennedy Berliner Cohen WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS Eileen P. Kennedy Berliner Cohen 1 Topics I. New Laws Protecting Whistleblowers. II. III. IV. Other Anti-Retaliation and Whistleblower Protections. Discipline

More information

EQUAL EMPLOYMENT OPPORTUNITY POLICY

EQUAL EMPLOYMENT OPPORTUNITY POLICY Section 1, Page 1 Contents: Policy Coverage Veterans Office of State Human Resources Responsibilities Agency, Department and University Responsibilities Complaint Process Definitions Policy The State of

More information

FAIR HOUSING AND REASONABLE ACCOMMODATION

FAIR HOUSING AND REASONABLE ACCOMMODATION Fair Housing FAIR HOUSING AND REASONABLE ACCOMMODATION As a part of the property management team, it is important for Service Coordinators to know the rights and obligations residents and housing providers

More information

OCSEA EDUCATION DEPARTMENT FACT SHEET

OCSEA EDUCATION DEPARTMENT FACT SHEET OCSEA EDUCATION DEPARTMENT FACT SHEET #221 Page 1 of 5 STATE OF OHIO CONTRACT SERIES APPENDIX M DRUG AND ALCOHOL TESTING What Is The Policy? Both OCSEA and the state agreed to a drug policy that recognizes

More information

EEO 101 The Basic Theories of Employment Discrimination

EEO 101 The Basic Theories of Employment Discrimination EEO 101 The Basic Theories of Employment Discrimination An overview of the anti-discrimination statutes enforced by the EEOC An introduction to the theories under which claims of discrimination can be

More information

J.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction

J.V. Industrial Companies, Ltd. Dispute Resolution Process. Introduction J.V. Industrial Companies, Ltd. Dispute Resolution Process Companies proudly bearing the Zachry name have had the Dispute Resolution Process ( DR Process ) in place since April 15, 2002. It has proven

More information

WELCOME. EEO Laws That Impact Small Businesses. Michelle Crew. By Michelle Crew, Settlement Officer U.S. Equal Employment Opportunity Commission

WELCOME. EEO Laws That Impact Small Businesses. Michelle Crew. By Michelle Crew, Settlement Officer U.S. Equal Employment Opportunity Commission WELCOME To the Advanced CBA ReadyTalk Webinar Training Equal Employment Opportunity Commission January 9, 2007 11:00 a.m. 12:00 p.m. Eastern Standard Time Please: Check Browser for plug-ins Un-plug PDAs

More information

Roane State Community College. Affirmative Action Plan For Protected Veterans

Roane State Community College. Affirmative Action Plan For Protected Veterans Roane State Community College Affirmative Action Plan For Protected Veterans 2015 1 TABLE OF CONTENTS SECTION PAGE Definitions 3 A. Policy Statement 4 B. Review of Personnel Processes 6 C. Review of Physical

More information

The Bermuda Triangle of Employee Leave: FMLA, ADA and Workers Compensation Presented by: Amy O. Bruchs

The Bermuda Triangle of Employee Leave: FMLA, ADA and Workers Compensation Presented by: Amy O. Bruchs The Bermuda Triangle of Employee Leave: FMLA, ADA and Workers Compensation Presented by: Amy O. Bruchs We are going to be moving quickly through the topic that we have entitled The Bermuda Triangle of

More information

Chapter 6 Substance Abuse and Drug Testing in the Workplace

Chapter 6 Substance Abuse and Drug Testing in the Workplace Chapter 6 Substance Abuse and Drug Testing in the Workplace A. Nature of the Problem and Purposes of This Chapter The existence of drug and alcohol abuse in the workplace is widely recognized as a severe

More information

Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014

Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014 Title Equal Employment Opportunity (EEO) Complaint & Investigation Guideline Number 200-002b-AOG Responsible Office Human Resources Date Revised 01/30/2014 1. Purpose The SCA is committed to providing

More information

STATE OF WYOMING SUBSTANCE ABUSE POLICY

STATE OF WYOMING SUBSTANCE ABUSE POLICY Execati.ve Order 1990- STATE OF WYOMING SUBSTANCE ABUSE POLICY I. Purpose - Employees are Wyoming State Government's most valuable resource and their health and safety is a' major concern. Substance abuse

More information

YOUTH CONSULTATION SERVICE (YCS) WORKERS COMPENSATION POLICY AND PROCEDURES

YOUTH CONSULTATION SERVICE (YCS) WORKERS COMPENSATION POLICY AND PROCEDURES YOUTH CONSULTATION SERVICE (YCS) WORKERS COMPENSATION POLICY AND PROCEDURES - 1 -Revised 02/05 PHILOSOPHY STATEMENT It shall be the philosophy of Youth Consultation Service to value its employees as important

More information

THE SASKATCHEWAN HUMAN RIGHTS COMMISSION Drug & Alcohol Testing A General Guide

THE SASKATCHEWAN HUMAN RIGHTS COMMISSION Drug & Alcohol Testing A General Guide THE SASKATCHEWAN HUMAN RIGHTS COMMISSION Drug & Alcohol Testing A General Guide TABLE OF CONTENTS 1. Introduction 2 2. The Relationship: Human Rights Law and Dependence 2 3. Accommodation and Undue Hardship

More information

LIMESTONE DISTRICT SCHOOL BOARD ACCESSIBILITY & DISABILITY MANAGEMENT PROGRAM

LIMESTONE DISTRICT SCHOOL BOARD ACCESSIBILITY & DISABILITY MANAGEMENT PROGRAM LIMESTONE DISTRICT SCHOOL BOARD ACCESSIBILITY & DISABILITY MANAGEMENT PROGRAM TABLE OF CONTENTS INTRODUCTION... 1 1.0 PURPOSE OF THE PROGRAM... 1 2.0 TYPES OF DISABILITY... 1 3.0 RESPONSIBILITIES... 2

More information