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Employers have expand job protections for military members and their families who need time off, to comply with regulations finalized by the U.S. Department of Labor Feb. 5. Major provisions, which implement changes to the Family and Medical Leave Act, include: Defining a covered veteran, consistent with statutory limitations, as limited to veterans discharged or […]
Employers in California must comply with a new set of rules that go above and beyond what the federal Americans with Disabilities Act requires. While ADA and its regulations do not explicitly require employers to participate in the interactive process of finding an appropriate accommodation for an employee with a disability, a failure to do […]
A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination. Employers may […]
The Scooter Store will pay $99,000 to an employee whose disability it failed to accommodate, according to the U.S. Equal Employment Opportunity Commission. The company, a national retailer, refused to give an employee with psoriatic arthritis time off work and fired him. EEOC sued on his behalf alleging that the employer failed to accommodate his […]
A new U.S. Department of Labor (DOL) Administrator’s Interpretation has been issued to clarify who qualifies as an adult “son or daughter” whom an employee may take unpaid leave from work to care for and rely on the job protections of the Family and Medical Leave Act (FMLA). An adult son or daughter must meet […]
Yesterday’s Advisor covered new guidance concerning the application of Title VII to domestic violence, assault , and stalking; today, the ADA story, plus an introduction to the all-in-one HR problemsolver, HR.BLR.com. What are some examples of employment decisions that may violate the Americans with Disabilities Act and involve applicants or employees who experience domestic or […]
In a recent case, the 4th U.S. Circuit Court of Appeals declined to decide whether small companies that are extensions of larger entities must comply with the Americans with Disabilities Act. The court in Reynolds v. American National Red Cross (No. 11-2278, 11-2280 (Dec. 7, 2012)) said it would not address the matter in a […]
Regulations requiring federal contractors to implement disability hiring goals will be issued in April 2013, the U.S. Department of Labor announced last week. A year ago, DOL’s Office of Federal Contract Compliance Programs proposed a mandate that would require contractors to aim to have individuals with disabilities make up 7 percent of their workforce. The […]
A national retail chain will pay $2 million to settle claims it violated the Americans with Disabilities Act by requesting too much medical information from employees and automatically firing employees who had exhausted their sick leave. The agreement settles a 2008 lawsuit filed by the U.S. Equal Employment Opportunity Commission in the U.S. District Court for […]
Employers need to keep in mind that if an employee uses all of her allotted leave time under the Family and Medical Leave Act, it does not necessarily follow that she has lost her entitlement toward job protection. In fact, once an employee has exhausted FMLA or employer-provided leave, the employer must assess whether the […]