Practical HR Tips, News & Advice. Updated Daily.
The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]
A recent ruling by the federal Ninth Circuit Court of Appeals helps clarify which positions disabled employees must be considered for when they can’t perform their present job. Rodney McLean was a postal clerk until his physical condition prevented him from performing his duties. Although he identified many vacant positions at the same pay level […]
One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]
The Americans with Disabilities Act requires you to try to reach an accommodation in cases involving mental or physical disabilities by engaging in an “interactive process” with an employee. But a recent case involving United Airlines highlights several missteps to avoid—and some specific measures to take—to satisfy the ADA.
If a job applicant has a liver disorder that might be worsened by exposure to chemicals at work, or a back problem that would be aggravated by heavy lifting, you might wonder whether you can refuse to hire the person so you won’t be on the hook for future workers’ comp benefits. Now, in a […]
When Wal-Mart settled a disability discrimination lawsuit brought by two deaf job applicants, it didn’t just pay them lost wages and other damages. The retailer also promised to take specific steps to make it easier for hearing-impaired and other disabled workers to apply for and keep jobs. These measures provide a glimpse of what the […]
How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]
Last year, the Ninth Circuit Court of Appeal ruled that, in most cases, an employer doesn’t have to make an exception to an established seniority system to provide an accommodation to a disabled worker. Now, the same court has clarified its original ruling, going even farther in protecting seniority policies. The case involved a disabled […]
California law has long prohibited workplace discrimination based on pregnancy, childbirth or related medical conditions. Now Governor Davis has expanded the law by inking new legislation that lets a pregnant worker sue if you refuse to grant a reasonable accommodation request.
When January 1, 2000, rolls around, most California employers will have to pay overtime after eight hours in a day under the new daily overtime law. But adopting an alternative workweek schedule can help you avoid many daily overtime obligations so long as you follow the procedures set out in the new law. If you […]