Category: Recruiting

Recruiting is changing at a rapid pace. Some organizations are abandoning traditional methods for social media; some think software can do a better job than people.

EEOC on the Lookout: Ensure Your Attendance Policies Are Legal

By Kelley E. Kaufman, Esq. These days, the Equal Employment Opportunity Commission (EEOC) is on the lookout for both inflexible leave of absence policies and no-fault attendance policies. While few employers welcome news of a targeted enforcement initiative, the best defense is a good offense. According to the EEOC, the Americans With Disabilities Act requires […]

In a Rare ADA Case Involving Bipolar Disorder, Worker Is Awarded $56K

A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]

Use Outcome Not Method to Describe Essential Functions

Yesterday’s Advisor covered the two big not-required-but-necessary HR tasks—policies, and job descriptions. Today, specifics on essential functions, plus an introduction to a popular digital collection of pre-written job descriptions. [Go here for yesterday’s tips on job descriptions] Outcomes over Methods Describe an essential function more as an outcome than a method, BLR’s experts say. That […]

Not Required, But Necessary

What are the two major challenges for HR that aren’t required but are necessary? Policies and job descriptions? True, no law requires them, but you’re begging for lawsuits if you try to get along without them. Policies/Practices/Protocols Why do you need policies? You don’t want your managers and supervisors deciding on their own how to […]

March 15: Effective Date of ADA Standards for Accessible Design

The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]

At EEOC’s Request, 7th Circuit May Reconsider ‘Reassignment’ Case

A federal appellate court may reconsider its views on “reassignment” as a reasonable accommodation under the Americans With Disabilities Act, at the request of the Equal Employment Opportunity Commission. The EEOC takes the position that the ADA requires employers to reassign employees, whose disability prevents them from performing their current job, to a vacant position […]

What OFCCP Now expects for Affirmative Action

OFCCP remains focused on contractor compliance with affirmative action regulations for vets and employees with disabilities, says attorney Susan Fahey Desmond.. And programmatic outreach is not enough any more; OFCCP wants to see personal relationships with outreach resources and a system for monitoring effectiveness. Desmond, who is a partner in the New Orleans office of […]

As Servicemembers Return to the Workforce, EEOC Reminds Employers of Accommodation Responsibilities

As large numbers of veterans return from Iraq and Afghanistan, employers must remember that their disability accommodation responsibilities have increased in recent months, the Equal Employment Opportunity Commission said in releasing new guidance Tuesday. The commission updated its Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers which explains how protections for […]

OFCCP: Detailed Compensation Analysis in Virtually Every Audit

OFCCP’s audits are getting tougher, says attorney Susan Fahey Desmond, including more in-depth evaluations, more focus on proactive steps to reach goals, and detailed compensation audits in virtually every recent audit. Remember, says Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis, OFCCP (Office of Federal Contract […]

EEOC Clarifies Why Screening Out Applicants Without Diplomas Is Illegal

The Equal Employment Opportunity Commission has clarified when and how screening out job applications without high school diplomas may violate the Americans With Disabilities Act. The commission made clear that such a requirement could violate the ADA in an informal guidance late last year, but clarification was necessary after “significant commentary and conjecture,” it said […]