Tag: ADA

Sorry, You Didn’t Get the Promotion

If Mike (less successful as a salesperson but more qualified for sales manager) gets the promotion, how do you minimize the risk that Sara (the superstar salesperson who was less qualified to be manager) will be upset? (Go here for the first part of the story.) Janove, author of the  The Star Profile, suggests that […]

Employer Fears Lead to Discrimination Against Disabled Workers, Agency Charges

Employers need more guidance on their responsibilities under the ADA Amendments Act, according to the National Council on Disability, an independent federal agency. “NCD’s stakeholders consistently list discrimination as one of the primary barriers keeping them out of the workforce,” according to a progress report released by the NCD in October. Because of employers’ fears […]

Paid Leave Rejected by Denver Voters

Employers in Denver need not worry about adding paid sick and “safe” time leave for everyone who works for them at least 40 hours a week – voters rejected the proposal by an almost two-to-one margin Denver’s Ballot Initiative 300 was defeated 66,719 votes (64 percent) to 37,498 (36 percent) Nov. 1. A broad coalition […]

Interviewing Candidates with Disabilities—Follow the Guidelines

For everyone who interviews applicants, there is a long list of pitfalls, but surely some of the most challenging and confusing to avoid are those relating to interviewing applicants with disabilities. Determining just what is a disability has always been a challenge, but recent court rulings indicate that the focus should be on the accommodation […]

California Law Does Heavy Lifting for Nurses

Health care employers in California are now required to accommodate nurses who have lifting restrictions. In other states, nurses must prove that they have a disability covered by the Americans With Disabilities Act (ADA) to receive an accommodation. The new law means California nurses may now decline to participate in a patient lift, reposition or […]

Bill Proposes FMLA Leave for Domestic Abuse Victims; Also Extends FMLA Leave to Domestic Partners

Employers would be required to approve leave for domestic violence victims and their families under a bill proposed earlier this month by Rep. Lynn Woolsey, D-Calif. H.R. 3151, the Domestic Violence Leave Act, would amend the Family and Medical Leave Act to guarantee unpaid leave to workers needing medical attention or legal assistance following domestic […]

California Expands Health Insurance Protection for Pregnant Workers

Starting Jan. 1, 2012, employers in California with five or more employees must continue paying their share of health insurance premiums for female employees taking leave under the Pregnancy Disability Leave law for up to four months in any 12-month period. Employers will also be liable for interfering with, restraining or denying the exercise of […]

Free Report: The Leave Maze – Managing FMLA, ADA, and Workers’ Compensation Issues

The Compensation Daily Advisor® announced today the release of a free report, The Leave Maze—Managing FMLA, ADA, and Workers’ Compensation Issues, which will help compensation professionals to understand the legal basics of FMLA, ADA, and Workers’ Compensation. The special 42-page report clarifies the most up-to-date changes affecting each law, and pays particular attention to how […]

OPM Extends FMLA Benefits for Military Families

Federal workers can now take up to 12 weeks of unpaid, job-protected leave to make child care arrangements and address other issues that can arise when a family member is called to active duty in the U.S. Armed Forces. The new regulations, which took effect Oct. 1, will make it easier for federal employees to […]

Employer wins discrimination case — Evidence of non-performance outweighs employer’s imprudent remark

A recent appeals court ruling shows that clear and consistent documentation of an employee’s poor performance is more important than certain imprudent things a supervisor may say to an employee. Robert Dickerson, an individual with a mental disability, worked as a part-time custodian for an Illinois community college. He was recorded several times losing employer property and […]