Handle—or Hand Off to HR? Do Your Supervisors Know the Difference?
Yesterday’s CED detailed a highly significant report by the National Academy of Public Administration (NAPA) on the importance of supervisors to business.
Tag: disability
Mood problem or mental disorder? When can employers discipline?
By Kyla Stott-Jess Employers in Canada can’t discriminate against employees based on mental disabilities. But the broad interpretation that courts and arbitration boards frequently apply to human rights laws often makes it difficult to know where the boundaries of “mental disability” lie. In a recent arbitration decision in Ontario, Windsor (City) and WPFFA (Elliot), the […]
Q&A on the intersection of PDL, FMLA, and CFRA leaves
California employers administering a leave of absence – be it for PDL, FMLA, or CFRA leave – have to be sure they understand which laws apply in any given circimstance. For example, which of the laws cover baby bonding time? Can that time be taken intermittently? What happens when an employee out on PDL has […]
Can Denying a Raise Be Retaliation Under the ADA?
When we think of retaliation, it’s usually in the context of an employee who has been disciplined or terminated after exercising some protected right. But what about an employee who is denied a pay raise after doing so?.
Reassigning All Duties Is Not a Reasonable Disability Accommodation
While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but show up for work is not qualified for ADA’s protections, a recent opinion from the 5th […]
Domestic violence in the workplace: How does ADA apply?
Domestic violence in the workplace is much more prevalent than some might think. In fact, “forty-four percent of American employees (full-time American employees) personally experience domestic violence’s effect in their workplaces. Twenty-one percent identify themselves as victims of intimate partner violence.” Charles W. Pautsch told us in a recent CER webinar. With such high numbers, […]
COBRA Extension Notice Needed Despite Awareness of Disability
Group health plan terms clearly explained that the plan administrator had to be notified of a disability determination within 60 days in order to trigger an 11-month COBRA extension; therefore, the plan administrator was justified in denying the extension when notice was received five months after the determination was issued, a federal district court in […]
In Rare Post-amendments Ruling, Court Finds Impairment Not a Disability
Being deaf in one ear is not a disability, the U.S. District Court for the Eastern District Court of Pennsylvania ruled in Mengel v. Reading Eagle Co. (No. 11–6151, 2013 WL 1285477 (E.D. Pa. March 29, 2014)). While findings of “no disability” were common before the Americans with Disabilities Act was amended, they have been […]
Facing the future: Growing numbers of workers with disabilities bring challenges, opportunities
by Tammy Binford A new study from business and research organization The Conference Board says that more than 10 percent of the U.S. population currently has some form of disability. Other research from the U.S. Census Bureau shows that disproportionate numbers of people with disabilities are either unemployed or working in jobs that pay low […]
Get interactive, rules federal appellate court
by Brandon Gearhart A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky, Michigan, Ohio, and Tennessee employers) illustrates the importance of the interactive process when making employment decisions about a disabled worker. The court returned a previously dismissed Americans with Disabilities Act (ADA) claim to the lower […]