An employer will pay $100,000 to settle allegations that it rescinded a job offer from an applicant after learning she was pregnant, telling her in writing that it needed “to have somebody in the position long term.”
Category: Leave Policy/Compliance
The Americans with Disabilities Act protects qualified disabled employees from discrimination. HR Daily Advisor gives you the background you need on who’s covered, what constitutes a “reasonable accommodation”, issues involving health insurance and medical leave, tax incentives for employers, and more.
After Massachusetts voters approved the Earned Sick Time Law (ESTL) referendum in 2014, a group of construction industry employers filed a lawsuit asking a federal judge to declare that the new law couldn’t be enforced against them because they are parties to collective bargaining agreements (CBAs) with unions. So far, the courts have replied that […]
Question: Can an employer have an employee out on FMLA come in for an interview for an internal position that they applied for?
A warehouse maintenance worker who suffers from migraine headaches filed a suit against his former employer saying, among other things, that his supervisor retaliated against him for taking medical leave. The alleged retaliation included being denied certain refresher safety training.
Question: We currently have 3 pregnant employees. One lives and works in Minnesota, where we have 4 employees, and the other two live and work in Georgia, where we have 40 employees. We are not covered by FMLA and have a personal leave policy that provides up to 8 weeks of unpaid leave. My questions […]
Does an employer have to overlook past mistakes that were made because of an employee’s disability? The U.S. 10th Circuit Court of Appeals— which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—recently heard such claims.
Question: We have an employee who works in our accounting department who will soon be returning from maternity leave. During her absence, we found a great number of errors in her work. We do not want to put her back in the same position as her errors have cost the company a significant amount of […]
A recent ruling by the 10th Circuit—which covers Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming—reminds employers that they must treat pregnant employees with health conditions or work limitations in the same manner as other employees with similar conditions or limitations.
The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.
When dealing with the Family and Medical Leave Act (FMLA), employers can create an actual legal entitlement to leave. In the spirit of being nice, but not too nice, here’s what all employers should know about managing employee leave before and immediately after employees become FMLA-eligible.