Tag: ADA

Beachboard Debunks 13 Urban Legends of HR

Beachboard made his remarks at SHRM’s Annual Conference and Exhibition, held recently in Chicago. He is a shareholder in the Los Angeles and Torrance, California, offices of law firm Ogletree Deakins. Urban Legend #1  Assistants and secretaries need to have BlackBerries to better support those they work for—and they understand that (and don’t expect to […]

AMA says obesity is a disease: What does this mean for you?

by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]

FMLA Absences Up, Some Industries Hit Harder Than Others

While leave under the Family and Medical Leave Act can be troublesome for any employer, it is particularly disruptive for manufacturers, call centers and health care organizations whose operations depend on fixed schedules, according to a recent ComPsych Corporation white paper. FMLA absences are on the rise, says FMLA Source, a ComPsych company, and some […]

Q&A on the Intersection of ADA and OSHA

Employers have an obligation to keep employees safe. They also have an obligation to meet all other legal requirements while doing so. This statement seems simple enough, but it can become complex in a hurry. For example, is an employer potentially violating the ADA by forcing employees to undergo medical screenings that may uncover safety […]

How to Avoid 4 Common PowerPoint® Mistakes

A PowerPoint presentation can help reinforce concepts you convey during training, but the technology can also undermine your efforts—unless you avoid some common mistakes. Here are four to avoid: Don’t use too much text in your slides. If you squeeze too many words onto a slide, the audience may have trouble reading them or may […]

Employee Testing: Meeting ADA Requirements While Keeping Employees Safe

Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]

Rules Could Require Fed Contractors to Hire a Certain Percentage of Disabled

Federal employers and contractors may soon have new disability regulations to follow, two federal agencies have announced. Both the U.S. Department of Labor and the U.S. Equal Employment Opportunity Commission have said they will issue new regulations for the Rehabilitation Act of 1973, which prohibits discrimination in hiring and employment practices by the federal government […]

Wal-Mart on Trial for Counting FMLA-qualifying Absences Against Employee

No-fault attendance policies may simplify the administration of attendance issues, but employers should be careful not to count absences protected by the Family and Medical Leave Act and the Americans with Disabilities Act. Otherwise, as a recent court case demonstrates, employers with such point-based progressive discipline policies risk being on the wrong side of an […]

Is OSHA a Defense to an ADA Discrimination Claim?

What happens when OSHA compliance gets in the way of ADA compliance? For example, what happens if an employer fires someone (with proper process and documentation, of course) for unsafe behavior, only to discover that this person had an undisclosed medical condition that was causing the behavior? The medical condition qualified as a disability, which […]

DOL Sues Staples for Alleged FMLA Violations

The U.S. Department of Labor has filed a lawsuit seeking back wages and liquidated damages on behalf of a former Staples Contract and Commercial Inc. employee for alleged violations of the Family and Medical Leave Act. DOL filed suit after a Wage and Hour Division investigation found that the employer failed to notify an employee […]