Tag: ADA

Win-Win Approach to Managing ‘Unplanned’ FMLA Leave

Caraway, who is a member of Miller & Martin PLLC, in the Chattanooga office, offered six tips for reducing FMLA abuse during a recent webinar sponsored by BLR. Here are tips four to six for dealing with FMLA abuse. [Go here for tips 1 to 3] Tip #4—Planned vs. Unplanned Leave It’s important to pay […]

EEOC Plans Disability Hiring Goal for Federal Employers

The U.S. Equal Employment Opportunity Commission announced May 15 its intent to issue regulations that create a plan for federal employers to serve as “model employers” of workers with disabilities — a plan that may include a hiring goal, according to the commission. The announcement came just weeks after a 7-percent hiring goal for federal […]

EEOC Lawyer Says Leave Is a Very Reasonable ADA Accommodation

While most courts agree that coming to work regularly is an essential job function, many courts also have found that leave for a specified period of time is a reasonable accommodation if it does not cause an undue hardship. Chai Feldblum, a commissioner with the U.S. Equal Employment Opportunity Commission, discussed “leave as a reasonable accommodation” under the ADA […]

What Does GINA Protect?

In 2008, Congress recognized scientific advances in the field of genetics and feared these advances would give rise to misuse and discrimination based on genetic information. This led to the passing of the Genetic Information Nondiscrimination Act (GINA)

How Does the Reasonable Accommodation Process Work?

The Americans with Disabilities Act (ADA) requires employers to not discriminate against qualified individuals with disabilities. It also requires that those individuals should be given reasonable accommodations (whenever applicable) to allow them to perform the essential functions of the job, as long as doing so does not create an undue hardship for the employer. Let’s […]

6 Best Practices Regarding Pregnant and New Mom Employees

Virtually every employer is going to deal with pregnant employees from time to time. Employers want to act in good faith and stay in compliance not only with the ADA and FMLA, but also with the Pregnancy Discrimination Act (PDA). PDA is an amendment to Title VII which specifically prohibits discrimination on the basis of […]

10 Valuable Tips for FMLA, ADA Compliance

Here is a “Do” and “Do Not” list based on the outcome of 10 claims for interference and retaliation filed by the U.S. Department of Labor or aggrieved employees that the courts have tried in the first four months of 2014. Staying in compliance with the Family and Medical Leave Act and the Americans with […]

Obesity Can Be a Disability, Court Rules

An employee’s obesity may be a disability covered by the Americans with Disabilities Act, a federal district court has held. The employer challenged the claim, arguing that the ADA does not cover obesity, but the court disagreed, refusing to dismiss the suit. Joseph Whittaker sued his former employer, America’s Car-Mart, Inc., alleging that the company […]

Goal-Driven Profit-Sharing? Sure

[Go here for 1. Straight and 2. Hurdle-Rate Profit Sharing] 3. Goal-Driven Profit-Sharing Plans In a goal-driven profit-sharing plan, profits are used to establish an incentive opportunity, but employees also must earn that opportunity, based on achieving other goals. These other goals are broad corporate goals, rather than unit operational goals, which are used to […]

Profit-Sharing Primer—the 3 Types of Plans

Advantages Funded from profits, so there is low risk for the company. Can be used to supplement company retirement contributions. Can be linked to company objectives other than profit. Provide an opportunity to train employees on financial measures and the operational business factors that affect those measures. Easy to integrate with suggestion plans and other […]