ADA

If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required, and then notify us afterwards that they need accommodations for things they said they could do without them, are we:

a) by law required to provide them 

OR

A minefield, indeed.[1]

The first issue in this question is the premise: “If a prospective employer specifically asks about a candidate’s physical capacity to do a job and they say they can do all of the tasks required…”

My library knows that service animals provide vital assistance to patrons with disabilities, and that they must be allowed on library premises without pre-approval.

We also know that when a service animal is brought into the library by a visitor, we can only ask if the animal is needed for a disability, and what work or task it has been trained to provide.

First: Because of the restrictions you cite, continue to not take the bait! If this person is indeed taunting library workers and daring them to deny access, continue to address the situation with tactical restraint.[1]

A member of the public called me regarding the trend to switch to LED lighting in many libraries, especially rural libraries applying for NYS Public Library Construction Funding. She told me that she suffers from Photosensitive Epilepsy, and LED lights (among other light sources) cause her to have seizures, which result in injuries.

This question is at the tip of a large and fast-moving iceberg.

As with many iceberg-type issues, when I started my research, I didn’t know how deep things went.

So, I did my usual thing when a question involves the Americans with Disabilities Act (“ADA”), went to AskJAN.org, to see what they had to say about LEDs and epilepsy.

Are there any laws around a supervisor or manager telling others the reason for an employee being out on leave? Does the answer change if the employee isn't using sick time, but [has] disclosed why they were unavailable for additional hours during non-contract time?

Here are the state and federal laws specifically barring an employer from disclosing why an employee is out on sick or personal leave.[1]

Sometimes, people nap in the library, particularly people who we believe might not have stable or sufficient housing. We feel that a library should not exclude people who need a secure place to rest, so long as there is no interference with library operations, but are there any legal considerations to this issue?

This is a VERY sensitive issue. There are many factors that could contribute to a person sleeping in a public space, including:

My institution subscribes to the "Kurzweil Reading Program", a "Text-to-Speech" product for those with reading impairments (dyslexia, English language learners, blind/vision impaired, etc.)

Section 121 indicates these users are "eligible persons" for "fair use", but others, without such disabilities could use the program (like an audiobook in the car!).

This question reflects the level of savvy "Ask the Lawyer" readers bring to their submissions.  The member submitting the question has already set out (in a manner much more succinct than I usually achieve) the interplay of:

We were asked about signage to post over the copier at a schools where educational materials are copied. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES

This means 4 important things:

1.  Copying a copyright-protected work here could be a copyright violation[1].

We were asked about signage to post over the public copier at a libraries open to the public. Below is some template language with footnotes explaining why they say what they do.  Of course, before posting in your school or library, check with your lawyer!

MAKING A COPY ON THIS MACHINE

MAY BE SUBJECT TO THE COPYRIGHT LAW OF THE UNITED STATES[1]

This means 4 important things:

In the RAQ you provided an answer about vaccine requirements for new hires. What about performers or presenters we hire to come into the library, especially to work with children? Are we allowed to ask/require proof of vaccination status before signing a contract?

A library needs two documents to address this issue:

1.  Its template contract or "rider"[1] for performers and presenters;[2]and

2.  Its current Safety Plan.

Can we require new hires at the library to be vaccinated, and if so, how should we word this on the job application, and how are we allowed to ask for proof of vaccination? What if the new hire is not vaccinated because of religious reasons. If the library requires those who are not vaccinated to get COVID tested weekly, does the library have to pay for those tests?

Underlying all these highly specific questions is one Big Question: Can employers require vaccination?