Tag: disability

Unwelcome Office Birthday Party Leads to $450K Verdict, Lessons on Disability Law

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 […]

Ask the Expert: Is a Summer Intern Eligible for Benefits?

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 […]

Is COVID-19 a Disability Under the ADA? It Depends

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 […]

Disability as the Invisible Element of Diversity

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 […]

How Pandemic, Political Shifts have Affected Affordable Care Act

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.

Timing Matters: Employee Fired During FMLA Leave for Months-Old Problems

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 […]

10 Things That Keep HR Pros Awake at Night (COVID-19 Edition)

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 […]

diversity and inclusion

Looking at the ‘10 Facets of Workplace Diversity and Inclusion’

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 […]

Accommodating Hearing and Visually Impaired Employees During Remote Work

Some of the often-hidden experiences in many offices even before the COVID-19 pandemic triggered a widespread shift to remote work have been the experiences of hearing and visually impaired employees. With a broad shift to remote work, these employees are often finding it more difficult than before to perform their basic job duties. Accommodating the […]