Practical HR Tips, News & Advice. Updated Daily.
State and federal courts have made it clear that when an employee is disabled but wants to work, you must go the extra mile to determine whether you can offer a reasonable accommodation. This point was driven home again recently when the Ninth Circuit Court of Appeals upheld a large verdict for an injured employee […]
Karen Brown, a Lucky Stores Inc. supermarket checker, was arrested for drunk driving, possession of methamphetamines and being under the influence of illegal drugs. She missed two work shifts because she was in jail. The court then ordered her to enter a 90-day round-the-clock drug treatment program the next day, forcing her to miss a […]
Managing employees with mental disabilities can be challenging—especially when the workers pose a threat to others’ safety. If you take preemptive action, you can get sued under the Americans with Disabilities Act, but if you don’t, you risk the tragic consequences of a violent incident. Two recent cases provide guidance on how to handle potentially […]
Employers affiliated with a religion generally aren’t subject to the state Fair Employment and Housing Act, California’s anti-discrimination law. But in a new case, a California Court of Appeal allowed a worker to make an end run around the statute and sue an employer who was exempt from the FEHA for religious discrimination. We’ll explain […]
Suppose an accommodation you’ve provided for a disabled employee isn’t working out. How far must you go to find a new accommodation? And do you have to consider telecommuting as an alternative? A recent Ninth Circuit Court of Appeals decision zeroes in on these questions. And we’ll suggest ways to manage the accommodation process to […]
Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]
Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]
A California Court of Appeal has thrown out a $307,000 verdict for an applicant who was turned down for a deputy sheriff job because he was colorblind. But as we’ll explain, the outcome might have been very different—and more costly for the employer—if the case had been decided under the new state anti-discrimination rules that […]
Tyson Foods has agreed to change its religious accommodation policies to settle Equal Employment Opportunity Commission charges that the Arkansas poultry processor discriminated against a worker who watched Sunday church services on television. Tyson fired Afton Bolen from his job as a fryer operator for refusing to come in on Sundays, despite its policy of […]
In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]