Tag: ADA

Train Employees on Workplace Security

The material in today’s Advisor is adapted from “Workplace Security for Employees,” which is one of dozens of courses in the HR Employment Library of BLR’s TrainingToday®. Here’s an exercise you can use during training to test retention of your security information. The objective of the exercise is to review security policy and procedures. Workplace […]

Best Defense Against Leave Fraud? Continuous Performance Management

In yesterday’s Advisor, Attorney Patricia Eyres briefed us on dealing with employees’ chronic health conditions. Today, we present her tips on managing those employees’ performances, plus an introduction to the all-things-HR-in-one-place website, HR.BLR.com. Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee […]

Mental disorders: How will DSM-5 affect California employers?

What is DSM-5? It is the new edition of the Diagnostic and Statistical Manual of Mental Disorders, released by the American Psychiatric Association on May 18, 2013. This is the first substantial update to the DSM since 1994, and it reorganizes the classification system and changes the names of some disorders to simplify diagnostics for practitioners. The DSM is primarily used by psychiatrists and other mental health professionals in diagnosing patients, but its influence extends to the courts and the development of employment law.

Chronic Conditions—Frustrating, Annoying? Yes, But You Must Accommodate

One of the most challenging tasks in HR is dealing with lifelong illnesses or chronic conditions under the FMLA and ADA. But you have no choice, says Attorney Patricia Eyres. What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease […]

New Affirmative Action Regs Puzzle and Mystify

Some organizations have decided that the new affirmative action regulations will be so burdensome that they are working their way out of contractor status, says attorney David Fortney. “We’re tired of being hassled,” they say, and they are wrapping up their government contracts.

Is Obesity a Disease?

In June 2013, the American Medical Association officially voted to classify obesity as a disease. While this classification doesn’t have legal weight, it provides support for individuals arguing that obesity should be considered a protected ADA disability—which could open the door for discrimination claims. Let’s take a look at the rationale behind this change. Obesity […]

Going Fishing ‘Under Doctor’s Orders’ While on FMLA Leave Gets State Official Fired

A state government official has stepped down after the Better Government Association and news outlets began investigating a long pattern of Family and Medical Leave Act absences that, they said, smelled fishy. Namely, the Illinois Department of Natural Resources deputy director missed more than three months of work, mostly using paid sick time, to fish […]

New resources available on upcoming rules for federal contractors

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted new resources on its website to help federal contractors comply with new regulations pertaining to recruiting people with disabilities and veterans. New regulations going into effect March 24 strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and […]

UPS Attendance Policy Under Fire for Second Time

An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities Act, a federal district court has ruled. The ruling by the U.S. District Court for […]