Author: HR Daily Advisor Staff

News Notes: Expanded Mental Health Parity Measure Dies In Congress

House Republicans have defeated a measure that would have forced insurers to cover mental health conditions to the same extent that they cover other medical problems. The provision, which the Senate had tacked on to a federal spending bill, would not have required employers to provide mental health coverage as part of employee benefits, but […]

News Notes: State Workplace Fatality Rate Continues To Fall

The number of California workers killed on the job in 2000 was the lowest since 1992, when the state first published such data. Preliminary figures from the California Department of Industrial Relations show there were 553 deaths in 2000, down from 644 a decade ago. Over 41% of the total deaths resulted from transportation accidents, […]

News Notes: Social Security Administration To Pay $7.75 Million In Bias Case

The Social Security Administration has agreed to pay $7.75 million to settle a lawsuit by 2,200 male African-American current and former employees who claimed they were denied promotions and pay because of their race and sex. The lawsuit charged that African-American men were kept in low-grade jobs and were more likely to be disciplined than […]

News Notes: DOT Now Enforcing Rule On HAZMAT Placards

The Department of Transportation has begun enforcing a rule that prohibits motor carriers from placing extraneous information on placards or in placard holders reserved for hazardous materials information. The measure, which took effect Oct. 1, 2001, bans signs, advertisements and slogans such as “Drive Safely” that reduce the ability of emergency responders to immediately recognize […]

Americans With Disabilities Act: Supreme Court Says Disabilities Must Substantially Limit Activities Of Central Importance To Daily Life; Practical Impact In California

In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]

Avoiding Retaliation Lawsuits: Jury Awards $2.7 Million To Salesman Who Was Fired After Filing Labor Commissioner Pay Claim

Mark Ramijak worked as an account executive for FileNet Corp. in Costa Mesa, a company that sells and services document management software. He claimed that FileNet owed him about $200,000 in commissions and bonus payments from sales he had made of software and maintenance service contracts—and he eventually took his pay gripe to the California […]

Bias In Promotions: Worker Can Sue Employer That Changed Job Qualifications Midstream

Employers usually put a lot of effort into developing a nondiscriminatory hiring process. But they don’t always apply the same careful planning to promotions, which can be an expensive oversight. We’ll review a recent case involving an employee who sued her employer for sex discrimination and retaliation after losing out on a promotion when the […]

Handling Sexual Harassment Complaints: Court Considers What Is An Appropriate Response To A Harassment Charge; What One Employer Did Right

If you receive a sexual harassment complaint, you must promptly investigate and impose corrective action to stop the harassment. But it’s less clear what you should do if you can’t substantiate the complaint. A new Ninth Circuit Court of Appeals decision focuses on how far you need to go in this situation.

Accommodating Disabilities: When You Don’t Have To Accommodate A Worker Whose Medical Condition Poses A Safety Threat

Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]

Terminating Employees: You Can Refuse To Provide COBRA Benefits To An Employee Fired For Gross Misconduct

Under federal law, employers with 20 or more employees must offer continued health plan benefits, at the workers’ expense, for a period of time after employment ends. And in California, employers with fewer than 20 employees must also do so. However, under both federal and state regulations, you don’t have to offer this COBRA coverage […]