Tag: ADA

Social Media Octopus—The 8 Tentacles That Can Grab You Unawares

Attorney Trainor is BLR’s Senior Managing Editor, HR; Bruce is editor of the HR Daily Advisor. Tentacle #1—Sourcing and Recruiting with Social Media It’s clear that social media is rising as a method of recruiting, and some employers are enjoying great success. However, when you use only one source for finding candidates, there’s always the […]

EEOC Discussion Letter: Wellness Programs Must Accommodate Workers’ Disabilities

Employers must make accommodations to allow employees with disabilities to participate in their wellness programs, the U.S. Equal Employment Opportunity Commission said in a recently released informal discussion letter. The letter was written in response to an employer’s question about a special program for employees with diabetes. The employer wanted to waive its annual health […]

Are You Prepared for Virtual Training

“Trainers need to prepare themselves to facilitate and to engage with an audience they don’t see,” says Cindy Huggett, training consultant and author of Virtual Training Basics (www.cindyhuggett.com). First, trainers need to “learn the platform—in and out. Know every button,” she recommends. Second, be well versed in the technology, test the technology in advance, and […]

ROI of Sales: 3 Recommended Approaches

DiMisa, who is senior vice president, Sales Force Effectiveness at Sibson Consulting, outlined eight design challenges during a recent webinar sponsored by BLR® and HR Hero®. ROI #1. Reduction in Compensation Cost of Sales through Improved Plan Design and Measurement Reducing total incentive compensation costs through improvements in design and planning can yield a near-term […]

Old ‘Disability’ Definition Applies to Employee’s Injury, Says 10th Circuit

There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

Parental Leave Now Mandated Under Military Exigency FMLA

The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor on BLR’s human resources team. Clarifies that, for the purposes of leave for childcare and school activities, the child must be the military member’s child or a child for whom the military member stands in loco […]

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]