The Americans with Disabilities Act (ADA) protects people with disabilities against job discrimination. Employers, including private companies, state and local governments, labor organizations and labor management committees may not discriminate in recruitment, pay, hiring and firing, promotions, training, leave, benefits, job assignments and all other employment-related activities.

Protection covers all aspects of work, including applying for a job, working conditions and benefits. Employers with 15 or more employees are also required to provide reasonable accommodation for employees with disabilities, unless it would cause undue hardship.

What is Reasonable Accommodation?
A reasonable accommodation is a modification or adjustment to a job, the work environment or the work method to enable an individual with a disability to enjoy the same employment opportunity, including equal benefits and privileges, as employees without disabilities.

Examples include:

• Posting information about jobs in places that are accessible to everyone, in ways that visually and other impaired individuals may use them
• Making facilities accessible
• Job restructuring
• Part-time or flexible work schedules
• Acquiring new or modify existing equipment
• Changing training materials and placement tests
• Providing readers or interpreters

Does a Small Company Need to Install Elevators?
Not if it creates an undue hardship. Larger companies’ facilities typically accommodate wheelchairs in restrooms, elevators, workspaces and common areas. However, a small company may not be financially able to install an elevator for a worker with a disability. It’s possible to make other arrangements to accommodate the worker, such as creating a workspace on the ground floor and finding new meeting spaces that work for everyone.

Employers may also have to accommodate time for doctors’ appointments, if an employee’s disability is related to an illness that requires medical treatment. Keeping the lines of communication open from the start will go a long way in preventing resentment from other staff, who may view time off as special treatment. Collaborating on how to handle special requests is important for long-term success.

Remember, employers may not ask disability-related questions on job applications or before an offer of employment is made. However, they may evaluate whether an applicant is qualified for the job, including asking about his or her ability to perform specific job functions, asking about non-medical qualifications, and asking applicants to describe or demonstrate how they would perform tasks.

See more answers to your questions about employers and the ADA here: http://www.ada.gov/qandaeng.htm.

Most employers have a typical hiring process of advertising a position, weeding out applications, conducting interviews and hiring the best-fit candidate. However, there are extra steps in the process that you may be overlooking that could help your company hire better-quality employees, and even reduce your turnover.

Screening applicant resumes: While the number of applicants for a given position may affect resume review, there are some standard procedures you can implement to help make the best choice:

• First, make a list of your must-have and can-live-without qualities for your new hire. Is following the instructions for applying for the position absolutely critical? If you asked for a cover letter and an otherwise-standout resume is missing it, will it be tossed?
• Next, to avoid reading every word on every resume, determine what keywords best describe the employee you need to hire, and then scan resumes for those words.
• Be sure to apply the same parameters and requirements to every applicant.

Start conducting phone interviews: The purpose of a phone interview is to be certain a candidate understands the job description and requirements, and that the salary range aligns with their expectations. If it’s not a good fit for either side, going further is a waste of time.

Phone interviews are also a good way to determine if the candidate has the communication skills necessary for the position. If they’re applying for a customer service job, but cannot establish a good rapport over the phone, they will probably not be successful.

First-round interviews are typically the next step, for applicants who pass the initial screening and do well on the phone interview. Expect to spend 45 minutes to an hour with each candidate; if the interview is not going well and needs to be cut short, you may have a problem with your process up to this point. If the candidate is not a good fit or not qualified for the job, the resume screening and phone interview should have revealed this.

Follow up after the interview: Be polite—it can pay off! The frustration of job seekers can be exacerbated when they don’t hear anything after an interview. It’s just as important to make a good impression on potential employees as it is for them to make a good impression on you. Once you’ve eliminated a candidate from contention sure to send a brief email thanking him or her for their time and informing them that another candidate was selected.

Why is this so important? You never know what can happen, whether your first choice candidate declines the job offer, or you decide you’ve made a hiring mistake a month in. Plus, it’s all about your company’s brand—do you want to be known as a professional and polite firm or the onethat leaves people hanging? Developing good relationships with everyone who comes in contact with your company is a great way to spread goodwill.

Make the decision: When it’s time to choose the applicant who will join your company as an employee, look for enthusiasm and culture fit. If a candidate has the same basic skills as four other applicants, but is pumped up about coming to work and excelling, you probably have a winner. Before making the hire offer, be sure to conduct a pre-employment screening to ensure that the candidate’s credit and criminal history are clean. Keep your other employees and your company safe from potential harm with pre-employment background checks.

In a case that will result in significant changes to laws covering employee benefits, the Supreme Court this week ruled in Amara v. Cigna. The case was brought on behalf of 25,000 Cigna employees who disagreed with the company’s handling of changes in its pension plan back in 1998. The employees claimed that the company misled them that a new plan, which actually froze pensions of older, retired workers was “an overall improvement in retirement benefits.”

The Supreme Court ruled that a lower court could award the employees the benefit Cigna led them to believe they had coming. Viewing the ruling as a victory for employees, the assistant secretary of labor at the U.S. Department of Labor’s Employee Benefits Security Administration, which filed a brief on behalf of the Cigna employees, said the court’s decision “goes a long way toward restoring…common fairness.”

Analysts say employers scored a win, too. In the same case, the court agreed with Cigna that when there are conflicts between documents employers give to employees (“summary document”), and those not seen by the employees (“plan document”), employees do not have grounds to sue to enforce the terms of the summary document.

The lower court had ruled that Cigna deliberately provided misleading information to employees and successfully concealed the pension freeze, depriving employees from taking action, such as protesting or seeking employment elsewhere. Cigna argued that employees were legally entitled only to the less-generous benefits described in the formal plan document, which they did not see. Justice Stephen Breyer wrote, “It is not difficult to imagine how the failure to provide proper summary information, in violation of the statute, injured employees.”

Cigna employees could receive an estimated $70 million in pension benefits.

Ahead of tomorrow’s Bureau of Labor Statistics April jobs report, private staffing firm ADP released their National Employment Report for April, which indicates that U.S employment continues to improve—but slowly. Employers added 179,000 jobs in April, bringing total employment to a level 1.35% above April 2010.

While April’s figure was down from 207,000 added jobs in March, and lower than the increase of 198,000 predicted by the Bloomberg survey, it appears that the bottom has been reached, and the trend is toward recovery. Small to mid-sized service providers are growing the most jobs, adding 138,000 in April, while goods-producing jobs remain stagnant with just 41,000 additional jobs.

But are employers themselves the reason for slow job recovery? Are they holding off on filling open positions? Some studies seem to indicate exactly that. Employers are not cutting jobs at the same rates they did in 2010, but they’re not in any hurry to fill job openings. According to the Conference Board, a research organization, the number of job openings advertised online has grown to 4.2 million, continuing a trend that began in the spring of 2009.

4.2 million jobs waiting to be filled, and only 179,000 jobs added in April? The problem seems to be a hesitation on the part of employers to commit to hiring. Recruiters say it takes longer to find qualified candidates, and even longer to get them hired. Hiring cycles that used to last two months are now stretching into six or even eight months.

One recruiter said that hiring managers are not only taking longer to hire; they are holding out for better candidates. Companies are bringing in between five and six candidates for second-round interviews—twice as many as in 2007. And once they identify the perfect hire, they start over. The thinking is that if there is one great candidate, there must be 10 more even better.

The frustrations for job seekers must be incredible. Plenty of companies have good jobs open and ready to fill, but they are taking 180 days instead of the 60 to make a commitment. They want each hire to be the perfect hire. And when there are plenty of candidates to choose from, what’s the hurry?

A recent survey of 1,400 workers by a Philadelphia management firm reported that 84 percent of respondents said they plan to seek a new job in 2011. What would happen if you surveyed your employees? Would the number be that high? And if they all resigned, how would your company look after the exodus?

Employers know that finding and keeping great employees is one of the toughest aspects of running a business. It takes a great deal of resources—both time and money—to hire a new employee, and there are no guarantees that a new hire will stick around long enough for the company to recoup its investment.

The tough economy has added to employee dissatisfaction. Working conditions at many companies have been difficult, with fewer employees doing the same amount of work. Benefits and hours have been cut, too, leaving plenty of people ready to jump ship as soon as hiring starts up again.

What can an employer do to keep a good employee from jumping ship? And how can one avoid a surprise batch of turnovers?

Listen and observe your staff. Do you see general apathy? A lack of enthusiasm for new tasks? Are people coming in late and leaving early? Your employees may be trying to tell you that all is not well.

Try moving people around to different positions. Cross training can perk up and employee, make their job more interesting and keep him or her from looking for a new job.

Engage your staff more often. If you need fresh ideas on how to improve sales, cut costs or increase customer satisfaction, hold a brainstorming session to get everyone’s input. Who knows your business and customers better than your staff? Asking for their help builds value.

Remember that keeping a good employee longer starts with recruitment. Hire for a great attitude and provide tools a new employee needs to succeed. And don’t overlook the importance of pre-employment screening. It’s the best way to know that you’re hiring a qualified and trustworthy employee and building a strong team.

Now that March Madness is over, some business owners are reconsidering their policies on the activity surrounding the tournament in the workplace. The innocent office basketball pool can become a dangerous game. And if money is changing hands, it could be even more so–because gambling is not legal everywhere!

A recent survey by CareerBuider indicated that 20 percent of workers have participated in March Madness pools at work. Other reports mention the billions of dollars in lost productivity to business that the March Madness Tournament “inspires.” Maybe your employees are included in those 20 percent and you see a loss in productivity. And maybe you’re fine with that. On the other hand, maybe your office has a more formal atmosphere and you prefer to keep it that way.

So what should your answer be when your employees come to you and ask for permission to start a March Madness office pool next year? Here are some points to consider:

• Will it harm your company to have a once-a-year office pool? If the only thing in the way is you, maybe it’s time to rethink your reasons for saying, “no.”
• Can trust your staff to keep the party to a minimum and still get the job done?
• Avoid online activity, as online betting laws can easily be broken.
• As the business owner, it might be a good idea for you to avoid any involvement in the pool.
• Think about the boost in morale that a March Madness pool could create. Sometimes, hard-working teams need a way to blow off steam and just enjoy their co-workers and the time they spend at work.
• Focus on the amount of work your staff is producing—not necessarily the amount of time they’re spending on their tasks.
• Remember, it’s been a tough couple of years, and your employees might just need a fun break.

Your employees are your most important resource. Think carefully before you take away their March Madness pool!

One woman posted a photo of herself on vacation, holding a glass of wine. Another posted negative remarks about a supervisor. Others discussed their work environment on a private MySpace page.

What do these employees have in common? They were all fired, dismissed or forced to resign over these activities.

Is it okay to terminate an employee for their online actions? What about postings that are harmful to a company, its reputation, a supervisor, or co-worker? Where do employers draw the line when it comes to employees’ online behavior?

The new rules have not yet been sorted out. As some firms scramble to create social media policies, others are hands-off when it comes to how employees spend their free time.

A Social Media Policy Can Help
Cover the Content: We’ve all seen photos of company picnics that look like drunken free-for-alls. Prohibiting the posting of photos from company-sponsored events anywhere but on the official website, after approval by a content manager, is one way to establish control.

Reinforce that employees do not have free reign when it comes to badmouthing their employer or co-workers, on or off the job. Not only is it in bad form, it’s can be grounds for dismissal. Employers can be held responsible for what employees say or post; therefore, they have the right to limit it.

Establish boundaries. How does a view inside a co-worker or boss’s private life affect employee relations? What about knowing a staff member’s religious or political views? When does a “friend request” become creepy and harassing behavior? Decide whether or not it is permissible for a boss to friend a subordinate.

Realize you probably cannot establish broad policies such as prohibiting employees from referring to the company in any way on any social media site.

Just because it’s almost assumed that job seekers fudge their résumés doesn’t mean you have to fall victim to it. Hiring managers can and should uncover little white lies and big fat fibs on a resume. From misleading the employer about where a college degree was earned, to inventing positions at companies that don’t exist, experienced human resources pros have seen it all.

Various studies show that more than 50% of job applicants submit false information to potential employers. And this includes everyone from Fortune 500 CEOs to college football coaches. A 2004 survey of human resources professionals reported that over 61% of them had uncovered falsifications or inaccuracies in resumes “often” or “sometimes” after carrying out pre-employment background checks.

With a more competitive job market than we’ve seen in a very long time, business owners and hiring managers are sure to see an increase in desperate job hunters hoping you’ll believe what they claim for education and experience—or at least that you won’t take the time to verify it.

Here are 5 Ways to Uncover Résumé Fraud:

1. Conduct a thorough employee background check: You can receive reports verifying an applicant’s name, social security number, sex offender status, criminal and civil court records, address history, credit report and more.
2. Verify employment and personal references: Job seekers sometimes get away with phony references—because employers don’t take the time to actually check them. If a phone number and reference name provided by an applicant don’t match, that could be a red flag. It could also be a simple mistake, so be sure to follow up with the candidate. Make sure you double-check employment dates with previous employers to determine whether the applicant stretched them to cover gaps in experience.
3. Do some social network sleuthing: a simple check of LinkedIn, Facebook and Twitter could reveal more about a job candidate than they want you to know. Or, it could provide you with the good feeling that they are who they say they are.
4. Ask questions: Require job applicants to explain gaps in employment history. Ask detailed questions about education or work experience. If you know a professor at the school they claim a degree from, drop the name. Ask about their supervisor or team leader. Listen for any signs of nervousness or inability to answer questions immediately and succinctly. Broad, vague answers are another warning sign.
5. Make them nervous: It might sound a bit unkind, but suggesting to a job candidate that you’ll be checking references, including past employers and colleges or universities, might spur a confession by one who has been less than truthful. Those who do not fudge will have no problem with you checking every reference, so try this tactic if you wish to sort out dishonest applicants.

When hiring, you have an obligation to your company, your customers and the rest of your staff to take the time necessary to check out applicants thoroughly. After all, if you hire a liar, trouble could follow.

Many employers have experienced the dramatic exit of a fired or quitting employee. While most don’t compare to the infamous JetBlue flight attendant who slid away on the emergency chute, any company can suffer embarrassment or damage to its reputation or brand when disgruntled employees leave. Especially now, in the age of instant broadcasting via Twitter, Facebook or YouTube, employers can be the brunt of ugly rants or even brutal verbal attacks.

4 Steps to Take When Disgruntled Employees React

1. Act quickly. If an employee is ranting, ask to meet with him or her privately. If they refuse, then have them quickly escorted from the building. If the situation escalates and the individual threatens harm to himself or other workers, call police.
2. Keep credibility intact. While responses are sometimes warranted, retaliation is usually not. Making the wrong move can cause more damage than the temporary hit a company might take when the employee quits or rants upon being fired. Keep cool, respond in a professional way, and do your best to move on.
3. Reassure the rest of the staff. Assure staff that their jobs are not affected. Be open and invite questions. Let remaining employees know that they are welcome to share frustrations in private and that working toward win-win solutions is the goal. .
4. Control the message. Take the power back from the employee. Generally, employee terminations are not to be discussed. Responding with “We do not discuss employee matters” is sufficient. But when the company’s reputation or brand is on the line, it is appropriate to distribute a message via press release or on the company’s website that a regrettable situation has occurred, but business will go on as usual. “We will continue to focus on providing excellent service and fulfilling your electronics needs” is one example of a simple, effective message. Avoid responding to endless comments on blogs or Facebook pages.

Of course, you should continue to thoroughly prescreen employees to avoid similar situations in the future. By conducting criminal background checks, and verifying ID, address and previous employers, you’ll know you’re hiring the most qualified employees and minimizing risk to your company and staff.

How do you know when you can trust an employee? For starters, if you’ve properly screened every applicant, you can be reasonably sure you’ve hired honest people.  Pre-Employment Screening will weed out those with criminal backgrounds, credit problems, or who have misrepresented education or work history.

Trust is an important component of the long-term relationship you want to build with your employees. It’s vitally important that they feel they are trusted, and can trust you back. Here are some tips that can help!

1. Remember that your employees are adults—and treat them accordingly. For example, it’s reasonable to ask for receipts for employee out-of-pocket expenditures—and unreasonable to chastise someone for spending a few dollars more than you think is necessary.

2. Remember that your employees have lives outside work. Respect their need to care for their families, and their desire to leave work on time.

3. Rewrite your company’s policy handbook. Dictating endless rules can cause resentment. Consider eliminating policies that don’t involve safety, established employment laws, abuse of paid leave, and taking care of your customers.

4. Show generosity. Whether it’s with time, money or with words, be as generous as you can with your employees. A small investment of time or money can return a big investment in terms of loyalty and employee retention. And everyone wants to hear that they are appreciated. Let the compliments flow freely!

5. Ask their opinions. Get feedback on processes, ask for their ideas, and encourage them to make suggestions to improve your company. Just the act of asking shows them you’re engaged; but be careful not to ignore every suggestion—or your employees may stop making the effort.

6. Encourage employees to make their own decisions. Empowerment contains the word “power” for good reason. Let your employees feel powerful by giving them the ability to make decisions that serve your customers’ best interests. Chances are when given the opportunity, they will make the right decisions.

7. Be flexible. Consider employees’ needs concerning work schedules, working from home, and requests for time off. See #2.

If you feel nervous about letting go and trusting your employees, you’re probably not hiring the right people. Keep in mind that you can always take action if and when your staff abuses your trust.

Hiring smart and treating your employees like they are valuable assets of your company will go a long way toward building mutual trust—which leads to loyalty and a happier work environment for everyone!