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LEGAL UPDATE
establish different criteria and/or impose different obligations.
Responding to disability-related requests. Under the ADA and many
states' laws, you might be obligated to reasonably accommodate
disabled employees. Such accommodations may include unpaid leaves,
job restructuring, part-time or modified work schedules, acquiring or
modifying equipment, or reassignment to a vacant position. As soon as
you learn that an employee's medical condition may limit his ability to
perform his job, you're legally required to work with him to understand
those limitations and develop potential accommodations.
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Documenting employee-related issues. We can't emphasize the
importance of this practice enough. Proper documentation of
problems and deficiencies can help you avoid many of the pitfalls discussed above and help you defend claims of harassment and discrimination. Many lawsuits and government investigations are won or lost
on the basis of an employer's documentation. Just do it! Take the time
to note the issues that arise.
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Employee handbooks. Your handbook is another solid defense
against lawsuits and government investigations, but it also serves
to communicate your policies to your employees. If it's not drafted
properly, your handbook can be used as a very sharp sword against
you. Be sure to review and revise your handbook on an annual basis to
ensure it's meeting your needs and reflects any changes in the law. OSM
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Mr. Collins (mcollins@bracheichler.com) chairs the employment law group
at the Brach Eichler law firm in Roseland, N.J.
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O U T PAT I E N T S U R G E R Y M A G A Z I N E O N L I N E | O C T O B E R 2013
