Tag: disabilities

California Clarifies Organ, Bone Marrow Donor Law

Employers’ obligations to provide workers paid time off for organ and bone marrow donation under the state’s labor code were clarified under a bill California Gov. Jerry Brown (D) recently signed into law. Currently, any employee who uses up his or her sick leave may take a leave of absence with pay for as many […]

Starbucks/EEOC Consent Decree Includes $75k Payout and ADA Training to Remedy Dwarf’s Firing

One of America’s most visible corporations was taken to task for an Americans With Disabilities Act (ADA) violation that stemmed from one branch’s poor management actions. Starbucks Coffee Co. last week agreed to pay $75,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that […]

Creating an Evacuation Plan in Light of the Earthquake? Don’t Forget the ADA

Employers are not required by law to prepare an emergency evacuation plan but if one exists, a plan for building occupants with disabilities must be included. Importantly, the Americans With Disabilities Act permits employers to ask employees whether they will require assistance in the event of an evacuation because of a disability. However, the law […]

When Handing Out Severance Pay, Don’t Forget Employees on Leave

If an employer grants severance pay to laid-off employees, it must also pay those who were on leave for disabilities at the time of the layoff. A California auto plant failed to do so and has now agreed to pay into a $6 million settlement fund (along with Toyota) to settle an Americans With Disabilities Act […]

Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

Express Yourself! Employers Must Give Women Breaks to Breastfeed

One of the odder add-ons to the health care reform law requires employers to provide nursing mothers with unpaid “reasonable break time” each work day to express breast milk for up to one year after a child’s birth. Section 4207 of the law amends the Fair Labor Standards Act (FLSA) to require employers to provide […]

EEOC: Clarity on Wellness Incentives under GINA; Tongue-tied on ADA

The U.S. Equal Employment Opportunity Commission (EEOC) once again refused to a take a position on whether employers may use financial incentives to encourage employee participation in wellness programs — without violating the Americans With Disabilities Act (ADA). In an informal opinion letter from the EEOC’s Office of Legal Counsel, the commission assured employers that […]

Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

Converting to a cash balance plan is risky business

Companies that move from pensions to a cash balance plan can benefit by avoiding the risk of market volatility, but they should explain all aspects of the switch to employees and be careful not to violate the prohibition against age discrimination. When cash balance accounts replace retirement pensions, employees can be highly sensitive to the […]