Tag: ADA

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 […]

Measure Your Training Programs Against Those of Other Companies

Over 700 individuals participated in the HR Daily Advisor’s April 2013 Training and Development Survey. Read on to see how the training programs your company offers stack up against those of other successful companies. Training Topics The leading topics for compliance training for employees are: New hire orientation (79%) Sexual harassment (75%) Discrimination (69%) Other […]

Undue Hardship? Good Luck with That

In theory, “undue hardship” is a tool employers can use to refuse accommodations, says Attorney Lawrence P. Postol; however, employers shouldn’t count on ever being able to use it in the real world. Here’s the way these undue hardship situations work out. The employee requests a $1,000 desk as an accommodation. The cost of the […]

Employer Settles With EEOC After Providing the Wrong Accommodation

An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for […]

Accommodations Are a Pain, but Litigation Is a Bigger Pain

Reasonable accommodations are a pain and are subject to abuse, says Attorney Lawrence Postol, but litigation over the failure to provide accommodations, with a trial by jury, is a bigger pain and subject to greater abuse. Postol, who is a partner in the Washington, D.C., office of Seyfarth Shaw, LLP, offered his Americans with Disabilities […]