The Americans with Disabilities Act (ADA) was passed by Congress in 1990. It covers companies with 15 or more employees. Pregnant workers cannot be discriminated against.  The Family Medical Leave Act (FMLA) requires employers with 50 or more employees to provide leaves. Health and safety (OSHA) regulations and workers compensation protect every employee. We also cover pregnancy accommodation, workers compensation, and violence at work.

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories. Most of this content will require registration to view.

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FAQs

• What are rights under Americans with Disabilities Act?
• What are rights under Genetic Information Nondiscrimination Act?
• What are rights under Family & Medical Leave Act
• What are rights of pregnant employees?
• What are rights under workers compensation?
• What are rights to a safe work environment?
• What are rights to a stress-free workplace?
• What are rights for PTO and sick pay?

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FAQs

What are rights under Americans with Disabilities Act?

• More people now disabled under ADA, but employers still allowed to enforce performance and conduct standards
• How do we handle irrational manager?
• How do we approach a 400 pound employee?
• Company asked me what medication I'm taking - is that legal?
• Do we have to keep job open for employee with cancer?
• We laid off an employee who now says he's disabled - should we worry?
• Manager is out sick a lot - can we fire him?
• Is bereavement counseling a disability under ADA?
• "Addicted to Internet" Protected Disability?
• Can physician's assistant refuse to treat patients who smoke?
• Employee out on disability commits felony - can we fire him?
• Employee refuses to go to team meetings at a bar - can we fire her?
• We fired an employee for sleeping at work - is he protected by the ADA?
• Employees now winning claims under ADA, FMLA
• Can I refuse to hire someone based on looks?
• I can't drive on highways. Am I disabled?
• Can the boss make me lose weight and stop smoking?
• Can employees be forced to be vaccinated?
• Can a worker be fired for checking into rehab?
• Can conviction due to alcoholism be used to bar employment?
• But I have a doctor's note!
• Can a reorg justify laying off a worker who uses a lot of sick time?
• Snakes Alive! or, What's a Disability, Anyway?
• Should an employer accommodate an applicant who has a learning disability manifested when taking standardized tests?
• Are pre-employment medical exams legal?
• Are there any legal ramifications allowing employees to expense alcohol on a business trip?
• Depressed employee mixing alcohol and medicine at work -- what do we do?
• Few people "regarded as disabled" under ADA
• Courts find proposed ADA accommodations unreasonable
• Dying employee has bad attitude -- can we fire him?
• Will you help us violate the ADA?
• Can non-smoker be fired?
• Can employer prohibit dizzy employee from eating at desk?
• Is employer allowed to know disability diagnosis?
• Must we reinstate employee after 1.5 years of Medical Leave?.
• Is building owner required to accommodate multiple chemical sensitivity?
• How should companies handle medical marijuana?
• After merger, can we refuse to retain one (blind) employee?
• Can an employee in alcohol rehab tell co-workers?
• Can we drug test janitor who admits smoking pot?
• Can we terminate an employee on disability?
• Can truck driver who quits due to pot smoking co-workers sue company?
• Does the ADA protect caregivers?
• Do self-insured corporations discriminate against disabled workers?
• Lack of ADA training leads to punitive damages
• New supreme court decisions on ADA substantially limit plaintiffs' claims
• ADA accommodation duty requires a good faith interactive process
• Sleep is major life activity; concentration is not.
• Inability to get along with others not covered by ADA
• Slurred Speech condition may require accommodation
• Manic depressive employee properly fired when AWOL
• 25-pound lifting restriction not a disability
• Employee properly terminated for making threats
• Retail clerk with epilepsy not protected by ADA
• Major California case expands ADA protections for employees
• Carpal tunnel syndrome may not be disability under ADA
• Company upheld in firing alcoholic employee
• Disabled employee can't have it both ways
• Non-disabled employee wins ADA case
• Accommodations suggested by employee were unreasonable

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What are rights under Genetic Information Nondiscrimination Act?

• Genetic Discrimination Now Illegal

What are rights under Family & Medical Leave Act?

• New FMLA regulations expand rights for military families
• If person on FMLA leave works full work week, when will she run out of leave time?
• Employees on FMLA charging us for commute time - what can we do?
• Fed Study Finds Family Medical Leave Law Doesn't Help in Cases of Chronic Disease
• Prevent Lawsuits for Harassment and Discrimination based on Family Responsibility
• When must an employee bring a doctor's note?
• Employee refuses to go on FMLA - what should we do?
• What kinds of paid leave can be used for FMLA?
• Worker Rights When the Lights Go Out
• What are rights to health benefits after termination?
• Does FMLA cover bereavement leave?
• New California law on family leave
• Can they fire him for being temporarily disabled?
• Can you get fired because you're looking for another job?
• Can employees use FMLA leave for elective surgeries?
• What are the rules about health benefits when employees are on FMLA leave?
• We fired FMLA employee for absenteeism -- is that OK?
• How NOT to Comply with the FMLA
• Employee took 34 days FMLA last year -- how much more does she get?
• Alcoholic employee refuses to take fmla -- can we fire him?
• Are employees on FMLA entitled to perfect attendance bonus?
• We sold the company -- are employees on FMLA still protrected?
• Do employees accrue vacation while on FMLA?
• Can employee who goes on vacation be entitled to FMLA leave?
• Disabled employee working at home still on FMLA leave?
• How do we handle cancer patient who works intermittently?
• When does FMLA leave start?
• What are reinstatement requirements under Family Medical Leave?
• How can company prevent Medical Leave abuse?
• Are small employers covered by the Family Medical Leave Act?

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What are rights of pregnant employees?

• Can we fire a pregnant employee who goes AWOL?
• Can I change the schedule of employee going on maternity leave?
• Do I have to choose between a job and a healthy baby?
• Pregnant employee gets punitive damages
• Can pregnant workers be laid off?
• Can employer require a doctor's note for pregnancy leave?
• Are breast feeding mothers covered under the ADA?
• Must we accommodate pregnant employee who can't do the job?
• Is pregnant applicant required to tell employer?
• "No leave" rule violates state pregnancy discrimination law
• New employee can be fired for requesting maternity leave

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What are rights under workers compensation?

• Our office is closing - when do we fire employee on workers comp?
• Who pays insurance premiums for employee on workers comp?
• Sick employee sent home has accident - are we liable?
• Can we deduct lost time for workers comp from seniority?
• Can workers comp leave be counted against FMLA time?
• Can we terminate disabled employee on workers comp?
• When can you terminate an employee on workers comp?

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What are rights to a safe work environment?

• Can we ban employee with Hepatitis C from CPR class?
• Our employees voluntarily organized car-pool for co-worker with cancer - could we be sued?
• How do we protect ourselves from liability at company picnics?
• What are rights of healthcare worker assaulted by patient?
• Can employees be forced to be vaccinated?
• Are there safety laws for our employees handling mail?
• Does allowing smoking violate OSHA oxygen standards?
• How can company reduce liability for workplace violence?
• Employer may terminate woman who punches harasser
• Unsafe working environment leads only to workers compensation claim

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Still have questions on Disability Law? Ask the Lawyer!

What are rights to a stress-free workplace?

• Major privacy rights case impacts stress claims
• OK to fire HR director who can't work 50+ hour weeks
• Relax! It's Just Management

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Still have questions on Disability Law? Ask the Lawyer!

What are rights for PTO and sick pay? (see also the section Overtime/Exempt)

• Can we require employees to give reason for PTO?
• Can we fire fantastic employee for taking earned time off?
• California Employers Required to Grant Sick Leave for Domestic Partners
• What should we do about negative sick leave balances?
• Exempt employee exceeded PTO -- can we deduct days from salary?
• Can we fire new employee for excess time off for sick baby?
• Can we deduct partial sick pay from exempts?
• How do we handle PTO abuse?

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Still have questions on Disability Law? Ask the Lawyer!

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• Managing Within the Law, Part II: A one-day, in-depth training seminar
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• Federal Disability Law in a Nutshell (2nd Ed)

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Know Your Rights

• Federal Disability Law in a Nutshell (2nd Ed)

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