ADAAA's Twist On Administration Of Employment Practices

Law360, New York (August 9, 2012, 1:38 PM EDT) -- Most experienced human resources (HR) professionals know and follow an old adage when applying policies and making employment decisions: Follow established company policies consistently. For decades, this fundamental practice has helped ensure fairness and avoid potential legal problems.

However, a recent string of actions by the U.S. Equal Employment Opportunity Commission (EEOC) illustrates how and why HR professionals must change the way they approach issues involving employees who may be disabled.

In these cases, consistently following a policy without performing an individualized assessment of the circumstances will likely lead to significant legal problems. In fact, making well-reasoned policy exceptions may often...

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