Practical HR Tips, News & Advice. Updated Daily.
By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]
Our non-exempt employee has no sick or vacation days left and has accrued absentee attendance points close to termination. Because of this, the same employee is coming into work while sick. We don’t want the health of other employees to be at risk because of his/her presence. Can an employer force a sick employee to […]
By BLR Senior Legal Editor Joan Farrell, JD The Equal Employment Opportunity Commission (EEOC) has issued final wellness rules regarding incentives employers may use to encourage employee participation in wellness programs in compliance with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
As employers we all strive to be in legal compliance, especially when it comes to federal regulations that protect our employees, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). But it can admittedly get confusing when some legal regulations seemingly overlap or even seem almost contradictory to […]
Reasonable accommodations are an integral part of the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to any disabled employee or applicant—and the standard of what constitutes “reasonable” is quite broad. Essentially, an accommodation must be provided as long as one exists that does not constitute an undue hardship on the […]
By Kathy Kreps, JD, Porter Wright Morris & Arthur LLP
Employers are getting a look at new final rules affecting how they structure wellness programs, rules that are meant to clear up conflicts among various federal laws but that also may make administration of wellness programs more challenging. The Equal Employment Opportunity Commission’s (EEOC) new rules describe how the Americans with Disabilities Act (ADA) and […]
By Troy D. Thompson, JD, Axley Brynelson, LLP
Results of a new survey by The Hartford show a gap between what Americans say about themselves, and what they think about others, when it comes to disabilities in their workplace.
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?