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Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]
Misunderstandings over an office birthday party recently taught a Kentucky employer an expensive lesson about disability discrimination. A jury awarded $450,000 to the affected employee who didn’t want the party and allegedly suffered a panic attack afterward. The employer’s alleged, repeated mishandling of the worker’s behavior after the episode offers the best explanation for the […]
In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding benefits eligibility and requirements for temporary, full-time employees who are working as part of an internship program. Let’s see what our team of experts have to […]
The Equal Employment Opportunity Commission (EEOC) recently released guidance regarding whether COVID-19 is a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employer cannot take an adverse employment action against an individual because of a disability, which is a physical or mental impairment that substantially limits a major life activity. The […]
When people talk about diversity and inclusion, they often think mainly about race and gender. These two aspects are perhaps the most prominent dimensions of diversity, but they’re far from the only ones. Disability, whether physical or mental, is also an important spectrum of diversity. Unfortunately for both employees and employers, people with disabilities often […]
Workers who contract COVID-19 can be protected from discrimination under the Americans with Disabilities Act (ADA), according to new Equal Employment Opportunity Commission (EEOC) guidance, issued on December 14, 2021.
Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.
Though the following case is still in its infancy, it tees up several common concerns in employment litigation. A new supervisor arrives on the scene and starts pointing out performance problems for the first time (calling into question the veracity of the critique). The employee goes out on leave for medical conditions. The employer decides […]
HR pros wear many hats. Since March 2020, they have been at the epicenter of the COVID-19 pandemic. In addition to their many other tasks, they have needed to coordinate furloughs and layoffs, stay up to date with the latest health guidance, understand and implement coronavirus-related federal and state laws and regulations, introduce COVID-19 screening […]
When people think of “diversity and inclusion” (D&I), invariably their minds immediately go to racial and ethnic identity, with gender likely coming in a relatively close second. Indeed, both the presence and the inclusion of women and people of color represent key elements of any D&I strategy; however, the diversity of human beings spans far […]