Practical HR Tips, News & Advice. Updated Daily.
Employees are having a particularly difficult time bringing class action suits that invoke the Americans with Disabilities Act, according to experts, and a recent case involving Wendy’s employees is no exception. The nature of ADA — particularly its individualized analysis requirements — makes class actions alleging disability discrimination less likely to succeed than those alleging […]
Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave Act. In other words, you as employer need to inform your employees about the parameters […]
While small increments of leave time under the Family and Medical Leave Act may cause administrative headaches, there are various tips and strategies on how to contend with time tracking issues and employee abuse of intermittent FMLA leave. The following discussion gives an of overview the steps you should take after you have received an […]
Under the new, broader definition of “disability” implemented by the Americans with Disabilities Act Amendments Act, employers must be more vigilant than ever in accommodating workers with a wide range of impairments. This includes depression-related conditions such as seasonal affective disorder, according to the Job Accommodation Network. Seasonal Affective Disorder as a Disability Seasonal affective […]
While HR professionals may sometimes struggle with the murky areas of employment law, in a leave of absence situation, there should be no mistaking some of the more immediate obligations under the Family and Medical Leave Act. Within five business days of receiving a request for leave, for example, you must provide three types of […]
Outback Steakhouse will pay $65,000 to a server it fired because of his traumatic brain injury, according to the U.S. Equal Employment Opportunity Commission. The payment will settle a lawsuit EEOC filed on the server’s behalf. The commission alleged that John Woods was fired after a new manager took over an Outback restaurant in Phoenix. Woods worked […]
Employers must make accommodations to allow employees with disabilities to participate in their wellness programs, the U.S. Equal Employment Opportunity Commission said in a recently released informal discussion letter. The letter was written in response to an employer’s question about a special program for employees with diabetes. The employer wanted to waive its annual health […]
There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]
Often, employees who believe they were fired because of their disability will show that they were replaced by an individual without a disability as evidence of discrimination. In one recent case, however, a district court has allowed a case in which a deaf teaching assistant — who was replaced by another deaf individual — to […]
To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]