Practical HR Tips, News & Advice. Updated Daily.
Under the “escalator principle” of the Uniformed Services Employment and Reemployment Rights Act of 1994, employers must consider workers returning from military service for discretionary promotions they might otherwise have received — not just automatic promotions, according to the recent decision of the 1st U.S. Circuit Court of Appeals that overturned a ruling by the […]
True, the Americans with Disabilities Act (ADA) does not require job descriptions. But … without them, it’s going to be very difficult to establish essential functions when you face discrimination charges from an applicant with a disability. If you do have job descriptions, the Equal Employment Opportunity Commission (EEOC) has said that it will review […]
Misguided assumptions about accommodation of mental disabilities—held by your managers and supervisors—create legal landmines in the courtroom, says Attorney Patricia Eyres. In today’s Advisor, she shares the seven worst myths. HR needs to be alert to the attitudes of supervisors and coworkers, says Eyres, who is managing partner of the Eyres Law Group LLP in […]
An employee’s refusal to provide acceptable return-to-work documentation after a medical leave of absence may be viewed as a voluntary resignation, even if that individual has a disability as defined under the Americans with Disabilities Act. This assertion helped the 11th U.S. Circuit Court of Appeals affirm a lower federal court’s summary judgment in favor […]
Yesterday’s Advisor offered symptoms of bipolar disorder and how they play out in the workplace; today, bipolar medication side effects, plus an introduction to the updated guide that gives practical advice for dealing with all manner of ADA challenges. Medications for Treating Bipolar Disorder It is often challenging to find the right combination of medications […]
Bipolar disorder presents one of the trickiest challenges in accommodation. It’s doubly ticklish because it often combines your greatest star with your biggest problem—all in one person, says expert Tom Wootton. We have no accurate statistics regarding the prevalence of bipolar disorder in the workplace, especially because it is often hidden due to stigma, says […]
The U.S. Department of Labor will finalize new Section 503 regulations Sept. 24, according to the Office of the Federal Register. The rules create several new responsibilities for federal contractors and subcontractors, including a mandate that they aim to have workers with disabilities make up 7 percent of their workforces. If the rules are published […]
Can an employer legally terminate an employee who is permanently disabled and can no longer perform the essential job functions? Do Americans with Disabilities Act (ADA) protections apply to all employees immediately, or must they be employed with the company for a certain amount of time first? What can employers ask when it comes to […]
“One of the key factors of the ADA is not only the non-discrimination component, but the requirement that an employer reasonably accommodate the individual with a disability – in this case, someone who has been diagnosed with cancer.” Jonathan R. Mook explained in a recent BLR webinar. The duty to accommodate is a very broad […]
Leave policy administration under the FMLA and the ADA presents numerous challenges to employers. Following is a “Do” and “Do Not” list based on the outcomes of 10 interference and retaliation claims by aggrieved employees that the courts have heard in the last five months. Do see if short-term disability benefits are granted or denied to […]