Practical HR Tips, News & Advice. Updated Daily.
Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was previously charged with forging prescriptions — not because of his history of addiction. The suit […]
If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s policies, otherwise termination is justified. This assertion by the 9th U.S. Circuit Court of Appeals […]
In yesterday’s Advisor, Attorney Patricia Eyres briefed us on dealing with employees’ chronic health conditions. Today, we present her tips on managing those employees’ performances, plus an introduction to the all-things-HR-in-one-place website, HR.BLR.com. Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee […]
One of the most challenging tasks in HR is dealing with lifelong illnesses or chronic conditions under the FMLA and ADA. But you have no choice, says Attorney Patricia Eyres. What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease […]
A state government official has stepped down after the Better Government Association and news outlets began investigating a long pattern of Family and Medical Leave Act absences that, they said, smelled fishy. Namely, the Illinois Department of Natural Resources deputy director missed more than three months of work, mostly using paid sick time, to fish […]
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted new resources on its website to help federal contractors comply with new regulations pertaining to recruiting people with disabilities and veterans. New regulations going into effect March 24 strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and […]
An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities Act, a federal district court has ruled. The ruling by the U.S. District Court for […]
An employer was not required to provide a full-time assistant to a worker with disabilities as an ADA accommodation, the 11th U.S. Circuit Court of Appeals has reaffirmed in Williams v. Revco Discount Drug Centers, Inc., d.b.a. CVS Pharmacy, Inc., No. 13-11673 (11th Cir. Jan. 14, 2014). Weldon Williams, a CVS pharmacist, filed suit against […]
Well-written job descriptions can be a key component to ADA compliance. This is because the essential functions of the job come into play when determining reasonable accommodations for disabled individuals. This connection highlights the importance of really thinking through the essential functions and keeping them updated for every position. Let’s take a look at some […]
Congress has proposed a bill that would provide up to 12 weeks of paid leave each year to qualifying workers for the birth or adoption of a new child, the serious illness of an immediate family member, a worker’s own medical condition, and/or for specific military caregiving and leave purposes. The Family and Medical Insurance […]