Practical HR Tips, News & Advice. Updated Daily.
Can an employee’s frequent tardiness be used to establish that she has a disability because she is limited in the major life activity of working? Does an employee have to request leave under the California Family Rights Act (CFRA) before she has the right to take job-protected leave under the CFRA? A California Court of Appeal answered those questions in a recent case brought by a radio host.
by Peyton S. Irby, Jr. A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.
By Bridget Miller Most employers are well aware that disability discrimination is illegal. But, some may not realize that many mental health issues are also covered by the Americans with Disabilities Act (ADA). Here are some tips on avoiding mental health discrimination from guest columnist Bridget Miller.
Under the Americans with Disabilities Act (ADA), an employee who is a qualified individual with a disability may not be subjected to discrimination or an adverse employment action on the basis of her disability. The ADA, however, does not prohibit an employer from requiring an employee to be able to perform the essential functions of her job with or without a reasonable accommodation.
By Joan Farrell, JD In yesterday’s Advisor, BLR® Senior Legal Editor Joan Farrell, JD, explained some of the new guidance on mental health conditions released by the Equal Employment Opportunity Commission (EEOC). Today, Farrell has additional details on the matter.
Before an individual may file a lawsuit under federal and state nondiscrimination laws—such as the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964, and the Illinois Human Rights Act (IHRA)—she must first file a timely charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a parallel state agency, such as the Illinois Department of Human Rights (IDHR). A recent decision illustrates that not every document alleging discrimination filed with such an agency amounts to a “charge.”
Most employers are well aware that disability discrimination is illegal. But, some may not realize that many mental health issues are also covered by the Americans with Disabilities Act (ADA). Just like any physical disability, mental health conditions are covered by the ADA, and employers cannot discriminate against qualified applicants or employees with such conditions. […]
Question: One of our employees went to a holistic healer, who they admit is not a certified practitioner, and he advised the employee that she needed a week off work. However, he will not write her a doctor’s note; he will only speak to someone via telephone. We have an attendance policy that requires a doctor’s […]
A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—discussed a scenario in which an employer moved fairly slowly in engaging in the interactive process and providing reasonable accommodations. Let’s see what happened.
The Equal Employment Opportunity Commission (EEOC) has released informal guidance for advising employees of their legal rights in the workplace with regard to depression, post-traumatic stress disorder (PTSD), and other mental health conditions. Although the guidance is geared to employees, it provides insight for employers as to the EEOC’s position on protections provided for employees […]