Module 4 Discussion Questions

Module 4 Discussion Questions - Pick one of the two...

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Pick one of the two questions to answer this week. When you respond to 2 other students this week, at least 1 must be in the question area you did not select. Question 1: Employers face a Bermuda Triangle of problems trying to follow 3 laws, the FMLA, the ADA and Workers' Compensation laws. Can you give them advice on how to reconcile these 3 laws when dealing with illnesses and leave problems of their employees? Question 2: With the Amendment of the ADA the employer's liability for accommodations under this act has become increasingly burdensome. Advise employers and employees how your ideal accommodations process would proceed if you were in control of the process for an employer. Per the course textbook, “The Family and Medical Leave Act (FMLA) entitles eligible employees to a medical leave for a serious health condition that makes the employee unable to perform the functions of the employee’s position.” (p. 545). Regarding the ADA, the course textbook states, “The Americans with Disabilities Act (ADA) as amended in 2008 prohibits employers from discriminating “against a qualified individual on the basis of a disability.” A qualified individual with a disability is one “who, with or without reasonable accommodation, can perform the essential functions of the employment position.” (p. 553). Under the ADA, employers may no longer ask about an applicant’s physical or mental conditions nor can an employer ask about worker’s compensation history. In a workers’ compensation case, once an injured worker returns to work, an employer
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This note was uploaded on 06/21/2011 for the course ACCOUNTING 0116001 taught by Professor Bloom during the Spring '07 term at Santa Fe College.

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Module 4 Discussion Questions - Pick one of the two...

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