Tag: ADA

Employer Will Pay $50,000 to Settle EEOC’s First GINA Lawsuit

An Oklahoma employer will pay $50,000 to settle the first lawsuit the federal government filed to enforce the Genetic Information Nondiscrimination Act. The case, Civil Case No.: 13-CV-248-CVE-PJC, was filed in the U.S. District Court for the Northern District of Oklahoma. The U.S. Equal Employment Opportunity Commission, which is tasked with enforcing GINA, filed suit […]

In ADA Cases, Courts Defer to Employers on Essential Functions

The Americans with Disabilities Act’s employment protections only extend to individuals with disabilities who can perform the essential functions of their jobs. And when it comes to deciding which functions are “essential,” courts continue to defer to employers’ judgment. In Knutson v. Schwan’s Home Service, Inc., No. 12-2240, (April 3, 2013), the U.S. 8th Circuit […]

EEOC Urged to Align Wellness Standards With HIPAA/ACA Rules

The U.S. Equal Employment Opportunity Commission’s failure thus far to issue clear guidance on permissible wellness incentives threatens to undermine employers’ development of wellness programs at a time when their importance is growing, business groups warned the EEOC at a May 8 hearing. “We urge you to recognize the comprehensive regulatory framework that already exists” […]

Reassigning All Duties Is Not a Reasonable Disability Accommodation

While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but show up for work is not qualified for ADA’s protections, a recent opinion from the 5th […]

ADA Class-Action Certification Denied for Wendy’s Employees

Employees are having a particularly difficult time bringing class action suits that invoke the Americans with Disabilities Act, according to experts, and a recent case involving Wendy’s employees is no exception. The nature of ADA — particularly its individualized analysis requirements — makes class actions alleging disability discrimination less likely to succeed than those alleging […]

Domestic violence in the workplace: How does ADA apply?

Domestic violence in the workplace is much more prevalent than some might think. In fact, “forty-four percent of American employees (full-time American employees) personally experience domestic violence’s effect in their workplaces. Twenty-one percent identify themselves as victims of intimate partner violence.” Charles W. Pautsch told us in a recent CER webinar. With such high numbers, […]

Use Training Committees to Improve Results

Gaining award-winning status for its learning organization has helped Jiffy Lube® International, (www.JiffyLube.com), a 100-percent franchisee-owned and -operated store chain, improve its training function even more, says Kenneth Barber, the company’s manager of learning and development. Barber attributes the success of Jiffy Lube University (JLU) to its close alignment with the business, franchisees, and vendor […]

Employers Wise to Limit Job-related Calls to Employees on FMLA Leave

Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave Act. In other words, you as employer need to inform your employees about the parameters […]

8 Steps to Stop Bullying in Your Workplace

Yesterday’s Advisor featured attorney Allison West’s take on bullying in the workplace. Today, her guidance for dealing with the bully, plus an introduction to the all-compensation-in-one-place website, Compensation.BLR.com. West, who is principal at Employee Practices Specialists in Pacifica, CA, delivered her suggestions for dealing with bullying in the workplace at the SHRM Employment Law and […]