Tag: ADA

EEOC Moves Forward with New ADA Regs

The U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with new regulations that will make it much easier for employees claiming protection under the Americans with Disabilities Act (ADA) to establish that they have a covered disability. At a public meeting in June, the EEOC voted 2-1 to approve draft changes to the existing […]

How Employers Can Avoid Becoming an EEOC Statistic: Part 1

by Amy M. McLaughlin In its year-end statistics, the Equal Employment Opportunity Commission (EEOC) reported that 75,768 discrimination charges were filed against private-sector employers in 2006. That was the first increase in charge filings in four years. By 2008, the total number of charges filed with the EEOC had jumped 25% to 95,402. With workplace […]

Teaching Supervisors to Listen Is Key

Training your workforce from top to bottom is important so that everyone has a clear understanding of your company’s commitment to providing a fair and productive environment for all employees. And while it’s true that we can explain the various employment laws and reiterate that they require compliance from all of your employees (and that […]

EEOC Votes to Revise ADA Amendments Act Regulations

(Updated June 17, 2009) The U.S. Equal Employment Opportunity Commission (EEOC) voted Wednesday (June 17) to move forward with revising its regulations to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which would make it easier for an individual seeking protection under the ADA to establish that he or she has a […]

Take Extra Care When Firing or Laying Off Disabled Employees

As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as […]

EEOC Develops Best Practices Against Caregiver Discrimination

On April 22, the Equal Employment Opportunity Commission (EEOC) offered employers new guidance and best practices on avoiding discrimination against workers with caregiving responsibilities. The best practices document is available online at www.eeoc.gov/policy/docs/caregiver-best-practices.html and illustrates proactive measures employers can take that go beyond federal non-discrimination requirements. It supplements a 2007 EEOC guidance document on unlawful […]

Practical Job Descriptions Benefit Employees and Employers

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? Employers attorneys get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they […]

Not Discipline, ‘Opportunity to Improve’

Yesterday’s Advisor presented attorney Jathan Janove’s suggestions for dealing with employees who say, “My aberrant behavior was caused by my disability.” Today, we’ll give you more of his tips plus an introduction to a new training option. When you have to move forward with discipline, says Janove, the first thing is to always couch it […]

Disciplining Disabled Employees: What You Need to Know

What can you do when an employee says that the discipline you are about to impose is the result of his or her disability? It’s a delicate spot, but you can manage it, says attorney Jathan Janove. First of all, says Janove, the Equal Employment Opportunity Commission (EEOC) allows employees to be disciplined for violating […]

New FMLA Regs: Holidays, Joint Employers, Pregnancy and More

In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]