ADA Enforcement
The EEOC enforces Title I of the ADA. That agency will accept complaints of illegal discrimination based on mental or physical disability. Once an employee has established that he or she is disabled and claims that he or she has…
Sharam Kohan
ADA “Job Accommodation”
Someone with a disability doesn’t necessarily need a job accommodation. Remember that we select people and place them in jobs if they are qualified for the performance of the essential functions, with or without a job accommodation. Someone with diabetes…
“Essential Job Function”
An essential job function is defined as “a portion of a job assignment that cannot be removed from the job without significantly changing the nature of the job.” An essential function is highly specialized, and the incumbent has been hired…
ADA “Major Life Activities”
Caring for oneself, seeing, hearing, touching, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working all are considered “major life activities.” Also included are major bodily functions such as…
ADA “Substantially Limits”
Employers are required to consider as disabled anyone with a condition that “substantially limits,” but does not “significantly restrict,” a major life activity. Even though the limitation might be reduced or eliminated with medication or other alleviation, the treatment may…
ADA Amendments Act of 2008
Following the U.S. Supreme Court decisions in Sutton v. United Airlines and in Toyota Motor Manufacturing, Kentucky, Inc., v. William, Congress felt that the Court had been too restrictive in its interpretation of who qualifies as disabled. It was the…
ADA Provisions and Protections
ADA Provisions and Protections Title I—Employment—applies to employers with 15 or more workers on the payroll. Those employers may not discriminate against a physically or mentally disabled individual in recruitment, hiring, promotions, training, pay, social activities, and other privileges of…
The Fair Labor Standards Act (FLSA) – Recordkeeping
FLSA – Recordkeeping FLSA prescribes methods for determining whether a job is exempt or nonexempt from overtime pay requirements of the act. If a job is exempt from those requirements, incumbents can work as many hours of overtime as the…
Requirements for Strategic Planning and Management
Several strategic-planning processes begin with the extension of the annual operating budget into a typical five-year projection. This can be a valuable exercise, particularly for organizations that have operated on a yearly or even monthly planning cycle. Most organizations soon discover…
The Equal Pay Act (EPA) (Amendment to the FLSA) (1963)
The Equal Pay Act (EPA) (Amendment to the FLSA) (1963) Equal pay requirements apply to all employers. The act is an amendment to the FLSA and is enforced by the Equal Employment Opportunity Commission (EEOC). It prohibits employers from discriminating…