Practical HR Tips, News & Advice. Updated Daily.
Effective job descriptions are important. Compliance with the Americans with Disabilities Act (ADA) is important. But how are the two tied together? Does the ADA place specific requirements on job description contents? The technical answer to that question is no, the ADA does not impose specific requirements on the job description. But the longer answer […]
By Lura Peterson Having a disabled-friendly HR policy and structure is beneficial to an organization in many ways. Employees with disabilities are as productive as those with no disabilities if they are properly trained. Also, disabled employees give a high return on investment by way of qualifications, high retention rates, and the tax sops provided […]
Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]
An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling. Cynthia Reed, whose position was eliminated and mostly automated just two days after she requested […]
Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]
As an HR person, you care about people, says attorney Susan Fentin. Your impulse is to help an employee with a chronic illness. However, if the situation is driving the business down, you may not be able to help.
A company’s policy of requiring a doctor’s note for each intermittent absence under the Family and Medical Leave Act violates FMLA because the policy directly conflicts with FMLA’s recertification procedure. So ruled a federal district court in a consolidation of cases that presented an issue of first impression in the jurisdiction of the 9th U.S. Circuit Court […]
Beginning next month, employers can be fined $210 per incidence for failing to post notices required by federal nondiscrimination laws. The change, which raises the fine from $100 per incidence, was announced in the Federal Register Wednesday (29 C.F.R. Part 1601). It takes effect April 18. Title VII of the Civil Rights Act of 1964, […]
Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was previously charged with forging prescriptions — not because of his history of addiction. The suit […]
If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s policies, otherwise termination is justified. This assertion by the 9th U.S. Circuit Court of Appeals […]