EEOC Issues H1NI Flu Virus Guidance for Employers
The federal Equal Employment Opportunity Commission (EEOC) has issued two guidance memos for employers related to the current H1N1 flu outbreak—formerly known as “swine flu.”
Tag: accommodation
Firefighter Gets $1.1 Million for Discrimination
The Second Appellate Division of the California Court of Appeal recently upheld a jury verdict exceeding $1.1 million against the Pasadena Fire Department for subjecting a firefighter to a fitness-for-duty examination and retiring him, failing to provide a reasonable accommodation for his perceived disability, and failing to engage in an interactive process. Firefighter Loses Racial […]
Practical Job Descriptions Benefit Employees and Employers
Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? Employers attorneys get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they […]
Take Time to Learn the Law on Unpaid Time Off
An employee comes to you asking to take time off to meet with school officials because his child was suspended. Do you have to grant the request? What about for jury duty, or because the employee witnessed a crime? Are you required to permit employees time off to vote? In addition to the big leave […]
Job Descriptions: 3 Common Mistakes–and a Tool for Avoiding Them
If anyone questions your layoff selections—and they will—employees’ attorneys are going to scrutinize the job descriptions on which you based your determinations. What will they find? A full set of up-to-date, accurate, and complete job descriptions, right? Well, maybe not a full set—and maybe not all accurate and complete and up to date, either. Here […]
Dress Codes
McDonald’s Fails to Accommodate Employee Unable to Wash Hands
by Daniel Pugen and Earl G. Phillips McCarthy Tetrault In Canada, human rights legislation provides that employers have a duty to accommodate disabled workers unless such accommodation would cause “undue hardship” on the employer. A recent case involving McDonald’s Restaurants before the British Columbia Human Rights Tribunal illustrates the high standard of accommodation expected of […]
Telecommuting: What Should We Include in a Telecommuting Policy?
Our company has decided that it would be beneficial to offer employees the opportunity to work from home. Before we enter into work-at-home arrangements with employees, we want to have a written telecommuting policy in place. What should we cover? —Andrew W., Human Resources Specialist, Santa Cruz Telecommuting can be a cost-effective alternative to […]
What to do if an employee objects (loudly) to diversity training
You’re headed for the cafeteria when George (a young, energetic manager with promise) stops you and says, “I hope you don’t expect me to show up for that class about gays tomorrow.” This is news. You didn’t know George had objections to the planned diversity seminar. George registers your surprise and ups the ante. “I […]
Family Leave: Can I Fire Someone on Family Leave?
Some issues have arisen with several of our employees who are out on leave—their jobs have been changed or eliminated, and one employee has done something that warrants termination. But someone told me that these workers are “protected” because they are on leave. Can we go ahead and fire them, or will we be slapped […]