Tag: ADA

Must You Allow Telecommuting as an ADA Accommodation?

Yesterday’s Advisor covered the many reasons that telecommuters are suing their employers; today, the Americans with Disabilities Act’s impact on telecommuting, plus details on how to become a virtual manager. No. The ADA does not require an employer to offer a telework program. However, if an employer does offer telework, it must allow employees with […]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]

Bipolar Disorder, Depression, ADHD, Asperger’s Syndrome & More in California: Guide to Legally Managing Productivity

Tuesday, July 29, 2014 10:30 a.m. to Noon Pacific Order Option Price 1. Live Conference $189 2. Live Conference + CD Recording $259 3. CD Recording Only $189 CEA Online Subscribers save 10%! Click here for your discount. Are you and your line supervisors equipped to manage employees with mental conditions ranging from bipolar disorder, […]

Top 10 Potential Perils of Employment Policies

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies […]

EEOC Makes Case for Obesity Discrimination

By Timothy M. Barber The Equal Employment Opportunity Commission (EEOC) recently sued an employer in New Orleans, Louisiana, claiming it violated the Americans with Disabilities Act (ADA) by firing a woman because she was obese. In the past, an employee’s obesity didn’t constitute a “disability” within the meaning of the ADA. However, in light of […]

EEOC Claims Reach Record Level, What Employers Can Do

When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]

Are Your Managers Begging Employees to Sue?

In yesterday’s Daily, we covered the first six of attorney Barbara Meister Cummins’ Top 10 ways managers beg employees to sue. Today, quotes seven through ten, plus we’ll introduce a unique guide for the tricky maze of California leave laws.

Debunking Common FMLA Myths

by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]

Must an Employer Grant Permanent Intermittent FMLA Leave?

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]