Employer Liability under FMLA and ADA
This article is part of a series that compares and contrasts various aspects of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA).
Tag: ADA
Federal Laws that Affect Application Forms
Whenever you’ve got new applicants, you always want to start them off on the right foot. One of the most critical aspects of this is ensuring that your application form doesn’t put you in any legal trouble.
Workplace Retaliation under the FMLA, ADA
An employer may not terminate or otherwise discriminate against an employee in retaliation for engaging in an otherwise protected activity—for instance, making a discrimination complaint or participating in the investigation of a discrimination complaint.
Ask the Expert: Sick Leave Policy Reduces Employee Commissions
We have an employee who has had excessive absences this year (over a dozen). All employees are given three sick days annually. Our policy says that if you (the employee) are absent with sick pay you will have 20% of your commission reduced. If you are absent but have no more sick pay accrual, you […]
Don’t Get Your Feathers Ruffled—This Probably Won’t Happen in Your Workplace
The flight crew of a Delta Airlines plane had a surprise recently when a turkey—yes, a turkey—was brought on board as an emotional support animal. Passengers and crew posted pictures online of the bird sitting in a baby seat during the flight and being pushed through the terminal in a wheelchair. But don’t get all […]
Bipolar Employee’s Failure to Return to Work Dooms ADA Claims
By Ryann E. Ricchio, JD A recent decision from the 7th Circuit Court—which covers Illinois, Indiana, and Wisconsin—presents employers with an interesting analysis and a good review of the various theories and methods of proof for Americans with Disabilities Act (ADA) claims. The 7th Circuit affirmed a lower court’s decision in favor of the employer, […]
Record Retention and Disclosure Rules under ADA and FMLA
What records should employers keep about their employees in relation to the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA)? Who are employers permitted to disclose medical information to under each law?
Balancing Work and Cancer: How HR and Managers Can Help
By Rebecca V. Nellis, MPP, Chief Mission Officer A cancer diagnosis often catches people by surprise. When the person with cancer is one of your employees, knowing how to react is not intuitive. The truth is, when an employee discloses their diagnosis to you, they are looking for direction. Your next steps will be remembered […]
Cancer Survivors Less Likely to Receive Callbacks from Potential
A Harris Poll for Cancer and Careers recently found that 61% of respondents’ fear of disclosing their cancer diagnosis would lessen their chances of getting hired.
Experts Highlight Employment Law Issues for Associations
Associations need to have a special take on legal issues, because they are nonprofit, small employers and they may have to comply with laws in the District of Columbia, which has been a bellwether in promulgating liberal employment laws, causing some legal experts to call it the “California of the East.” To explain employment issues […]