Practical HR Tips, News & Advice. Updated Daily.
Employees often view the telework option as a form of recognition. They may see it as a privilege earned through good performance. Unfortunately, they also may see the work-life perk — offered to some, but not all — as an entitlement, or worse, they may see lack of telecommuting privileges as an inequity caused by […]
The federal government should finalize its proposed hiring goal for federal contractors, the National Council on Disability said in a report to President Obama. But the feds also need to improve their own hiring practices, the council said. These are among the recommendations contained in the council’s National Disability Policy: A Progress Report, released Sept. […]
by Nancy Williams Just as private-sector workers are required to file an administrative charge of discrimination before filing a lawsuit under Title VII of the Civil Rights Act of 1964, federal employees also have prefiling requirements. In a disability discrimination case against the Equal Employment Opportunity Commission (EEOC), the 9th Circuit recently decided that the […]
Mandatory mental health counseling is a “medical examination” regulated by the Americans with Disabilities Act, according to the 6th U.S. Circuit Court of Appeals. Therefore, a requirement that an employee undergo such counseling is subject to all of ADA’s rules and restrictions; specifically, one that prohibits employers from requiring medical exams that are not job-related […]
How do we ensure that our job descriptions contain the true essential functions of the job? Why is this important? The short answer is that essential functions must be assessed when evaluating whether a disabled individual can perform a job; in the absence of a job description accurately listing the essential functions, an employer is […]
HR professionals may not go looking for trouble, but that doesn’t mean trouble doesn’t go looking for HR. Complaining employees regularly find their way to HR and often demand a solution to a problem they either don’t want to handle themselves or should leave to management. One such problem is a coworker with an offensive […]
Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an […]
Yesterday, we looked at a case involving an employee who claimed to want to return to work but submitted a note from his doctor stating that he was “totally incapacitated.” Today, the conclusion of the case, courtesy of attorney Nancy N. Lubrano of the Irvine office of Carothers DiSante & Freudenberger LLP.
Who knows better whether an employee is ready to return to work: the employee or his doctor? When the doctor’s note is clear and unambiguous, that may provide the official diagnosis—no matter what the employee believes.
by Kylie Crawford TenBrook I am sorry to inform you that Paula “butter-your-bacon” Deen has become a health fanatic. A recent article in People magazine featured her weight loss transformation–and a recipe for marinated vegetable salad. (BOR-ING!) Of course, she looks great and will probably live a lot longer. And she’s a good role model […]