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Oracle Tips by Burleson |
ADA: Medical Examination and
Inquiry
Medical examinations and inquiries are also
included under the scrutiny of the ADA in regards to
discriminatory practices against the disabled. Employers may engage in
the following activities as they relate to disabled employees:
-
Notify managers and supervisors of work
limitations and necessary accommodations.
-
Provide government officials who are
investigating adherence to the ADA
with pertinent information as
requested.
-
Notify health and safety staff of disabilities
that may necessitate future emergency treatment.
-
Conduct voluntary medical examinations and
histories that are integrated into an employee health program.
-
Inquire as to job-related abilities.
Medical examinations may not be required of
employees nor inquiries made to determine the existence or severity of
disabilities, unless such information acquired is job-related.
FAST FACT
Many reasonable
accommodations for employees with disabilities are inexpensive, such
as designated vehicle parking space for a wheelchair-bound
individual, or time off for medical treatment.
- EEOC FY2002
Office of General Counsel Annual Report
There are provisions under the ADA that pertain
to the illegal use of drugs and alcohol that allow employers to take
the following actions:
-
Ban the use of illegal drugs and alcohol in the
workplace.
-
Prohibit employees from working under the
influence of alcohol or illegal drugs.
-
Apply the same employment qualifications to
employees abusing alcohol or illegal drugs as with all other
employees. This rule is applicable even if the use of such
substances directly impairs the performance or behavior of an
individual.
-
Require employees to work within the provisions
of the Drug-Free Workplace Act of
1988. This law requires Federal grantees and contractors to ensure a
drug-free workplace. These regulations apply to employers who
received Federal grants awarded or approved on or after March 18,
1989. The drug-free workplace certification is a requirement for
receiving a Federal grant.
The Drug-Free Workplace Act
requires grantees to state in their personnel policies that the
manufacture, distribution, possession or use of a controlled substance
by employees in the grantee’s workplace is prohibited. The statement
must specify the work location where the grant applies and the
consequences to be imposed on employees who violate the grantee’s
drug-free workplace policy.
Employers who receive the Federal grants
(grantees) must establish a drug-free awareness program that
highlights the dangers of drug use in the workplace,
the grantee’s policy to ensure a drug-free work environment, and any
programs to address drug rehabilitation and employee assistance. The
drug-free workplace policy must be communicated to all employees
engaged in the performance of the grant and provided notice that
compliance with such policy is a precondition for employment under the
grant.
FAST FACT
All EEOC suits by
discrimination bases have on average been resolved in the following
percentages:
< Sex discrimination
(30.2%)
< Retaliation (32.5%)
< Race (22.6%)
< Disability (17.7%)
< National Origin (7.8%)
< Age (7.0%)
< Religious (4.9%)
- EEOC FY2002
Office of General Counsel Annual Report
The above book excerpt is from:
You're Fired!
Firing Computer Professionals
The IT
manager Guide for Terminating "With Cause"
ISBN 0-9744486-4-8
Robert Papaj
http://www.rampant-books.com/book_2005_1_firing.htm |
