Tag: ADA

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Making the case to keep human resources

Making the Case for Keeping HR

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]

10 Critical "Compensable Factors" in Job Descriptions

In yesterday’s Advisor, we talked about the three different job descriptions most jobs have. Today, we’ll look at 10 specific factors you can evaluate as you work to unite those three job descriptions into one. These 10 elements describe the specific job requirements in terms of “compensable factors.” You can use these factors to gauge […]

Workplace Violence and the ADA

Imagine for a moment the employee who seems just a little off — having disproportionate negative reactions to criticism, having strange obsessions with weapons or death, being unusually hot-tempered, demanding, or controlling, or having other odd or erratic behaviors. Now imagine that despite the employee’s peculiarity, he’s an above-average worker and his job performance is […]

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Inflexible Return-to-Work Policy is Risky Business

by Emily Hobbs-Wright Employers that have a policy of automatically terminating employees who fail to return to work after they’ve exhausted their workers’ compensation leave need to be aware that such a policy puts them at risk of a class-action lawsuit under the Americans with Disabilities Act (ADA). Read on to learn more about the […]

Calculating the FMLA’s 1,250-Hour Mark for Eligibility

by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]

Wellness Programs and the Health Care Reform Debate

You can hardly turn on the TV or pick up a newspaper these days without hearing or reading something about the health care reform debate. No matter the political party or industry, nearly everyone seems to agree that the current system is broken, with tens of millions of Americans uninsured and health care costs skyrocketing. […]

May We Require Masks or Telework to Fight the Flu?

Yesterday’s Advisor featured the EEOC’s advice for avoiding ADA problems when preparing for swine flu. Today, we’ll get the agency’s advice about work practices, and an introduction to a special program for smaller HR departments. Here’s more from the EEOC’s Q&A: During a pandemic, may we require our employees to adopt infection control practices? EEOC: […]

Does ADA Block Swine Flu Inquiries?

Everyone’s wondering what to do about swine flu, although some surveys show that companies haven’t done much yet. When you do act, you could run smack into the ADA if you’re not careful. Among other things, the Americans with Disabilities Act (ADA) regulates when and how employers may require a medical examination or request disability-related […]