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Retailer Toys “R” Us will pay $35,000 to settle allegations that it required a deaf applicant to provide her own interpreter for a job interview according to the U.S. Equal Employment Opportunity Commission. EEOC filed suit earlier this year on behalf of Shakirra Thomas, alleging multiple Americans with Disabilities Act violations. According to the commission, Thomas […]
The U.S. Supreme Court has asked the federal government to provide an opinion on whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees. The Court received a petition to hear Young v. United Parcel Service, Inc., a case from earlier this year in which the 4th U.S. Circuit Court of Appeals ruled that […]
What Laws Are Involved? A number of laws and regulations are involved as you complete your job descriptions and work with them, says Kennedy, including: Fair Labor Standards Act (proper classification as exempt or nonexempt) Equal Pay Act of 1963 (comparing job values, pay values, and gender) Equal Employment Opportunity (comparing pay levels and protected […]
Wal-Mart is facing a class action lawsuit alleging that its refusal to hire pharmacists whose licenses have been suspended violates the Americans with Disabilities Act. Wal-Mart recently implemented a policy of firing and refusing to hire pharmacy employees who have any history of adverse action against their licenses by a state pharmacy board, the suit […]
Twenty-two percent of adult workers in a recent survey said that a college education does not effectively prepare students for employment in the workforce. Meanwhile, nearly the same percentage—25 percent—reported that college does effectively prepare students for the working world. Only 10 percent said college prepares students very effectively. The April 2013 survey of more […]
Yesterday’s Advisor clarified the concept—and importance—of essential functions. Today’s questions will help you be sure functions are “essential,” plus we introduce BLR®’s unique 10-minutes-at-a-time training program.
Under the “escalator principle” of the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must consider workers returning from military service for discretionary promotions they might otherwise have received — not just automatic promotions, according to the recent decision of the 1st U.S. Circuit Court of Appeals that overturned a ruling by the […]
True, the Americans with Disabilities Act (ADA) does not require job descriptions. But … without them, it’s going to be very difficult to establish essential functions when you face discrimination charges from an applicant with a disability. If you do have job descriptions, the Equal Employment Opportunity Commission (EEOC) has said that it will review […]
In California, employers have to juggle both FMLA and CFRA laws, and both allow protected leave on an intermittent basis. Intermittent leave is perhaps the most difficult aspect of FMLA/CFRA leaves because it presents operational and scheduling issues and inconveniences that can be frustrating for employers. Understanding intermittent leave and what can be done to minimize these frustrations and scheduling issues can go a long way toward easing the implementation of FMLA/CFRA leaves.
Misguided assumptions about accommodation of mental disabilities—held by your managers and supervisors—create legal landmines in the courtroom, says Attorney Patricia Eyres. In today’s Advisor, she shares the seven worst myths. HR needs to be alert to the attitudes of supervisors and coworkers, says Eyres, who is managing partner of the Eyres Law Group LLP in […]