Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

Security Among Questions Dogging Exchange Rollout

New concerns about data security on the health care reform exchanges are being raised by Republican lawmakers, who cite an internal agency memorandum that warned of inadequate testing on the eve of the exchanges’ Oct. 1 rollout. The security control assessment required by the Federal Information Security Management Act “was only partially completed” because the […]

Toys “R” Us Will Pay $35K for Requiring Deaf Applicant to Provide Own Interpreter

Retailer Toys “R” Us will pay $35,000 to settle allegations that it required a deaf applicant to provide her own interpreter for a job interview  according to the U.S. Equal Employment Opportunity Commission. EEOC filed suit earlier this year on behalf of Shakirra Thomas, alleging multiple Americans with Disabilities Act violations. According to the commission, Thomas […]

No Return-to-Work Form, No Guarantee Job Will Be Waiting

An employee’s refusal to provide acceptable return-to-work documentation after a medical leave of absence may be viewed as a voluntary resignation, even if that individual has a disability as defined under the Americans with Disabilities Act. This assertion helped the 11th U.S. Circuit Court of Appeals affirm a lower federal court’s summary judgment in favor […]

Section 503 Hiring Goal for Contractors Effective in March

The U.S. Department of Labor will finalize new Section 503 regulations Sept. 24, according to the Office of the Federal Register. The rules create several new responsibilities for federal contractors and subcontractors, including a mandate that they aim to have workers with disabilities make up 7 percent of their workforces. If the rules are published […]

EEOC Sues Popeye’s for Failing to Hire Applicant with HIV

A Popeye’s chicken franchise refused to hire a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission has alleged in a lawsuit. Famous Chicken of Shreveport, LLC, a company that owns several Popeye’s Chicken restaurants, violated the Americans with Disabilities Act, the EEOC’s suit alleges. The general manager of a Longview, Texas, […]

$110K Penalty Shows: Alcoholism is an ADA-protected Condition

Employers, pay heed. A recent court outcome — and hefty monetary award for the employee — reiterate the fact that alcoholism is a disability protected under the Americans with Disabilities Act. Following a five-day trial a federal jury in Pennsylvania awarded more than $109,000 to a cook whose rights, it found, had been violated when […]

Plaintiff’s Attorney Fined for Withholding Evidence in ADA Suit

An employee’s attorney must pay $5,000 for omitting important information in an Americans with Disabilities Act lawsuit, the 6th U.S. Circuit Court of Appeals ruled. In Kempter v. Michigan Bell Telephone Co. , No. 13-1036 (6th Cir. Aug. 26, 2013), the plaintiff’s attorney failed to mention that that his client, Cathie Kempter, had been permanently restricted […]

High Court Advances Same-sex Marriage and Impacts Employers

As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]