Practical HR Tips, News & Advice. Updated Daily.
To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court of appeals ruled Aug. 8. The case, Rosebrough v. Buckeye Valley High School, involved Tammy […]
With Daniel Cafaro Montana has joined the obesity debate, determining in a recent case that being severely overweight, even with no underlying medical condition, can be a disability protected by state law. In BNSF Railway Co. v. Feit (No. OP 11-0463, 2012 MT 147 (Mont. July 6, 2012)), the state’s supreme court decided that obesity […]
Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]
Government audits, participant lawsuits and the dreaded play-or-pay rule could heap liability and risk on employer plans, all as a result of the reform law that was just affirmed by a majority of the U.S. Supreme Court. Employers must take into account new liabilities when they move workers to part-time status or divert retirees into […]
We recently received the following question from a California Employer Advisor subscriber: We have a policy we’re planning to change. We told the affected employees that we will be handling the issue a particular way, but we didn’t explicitly tell them that the new practice is contrary to what is in the handbook, or that […]
If you have an employee who is bipolar, is that considered to be a disability? Must you provide an accommodation for work? In a CER webinar titled “Bipolar Employees: HR’s Legal and Practical Accommodation Roadmap,” Maureen Duffy, Susan G. Fentin, and Tom Wootton outlined some of the potential frustrations of having a bipolar employee, and […]
By Lindsey Taylor The issue of employees with environmental sensitivities often arises for Canadian employers. Most commonly, employees complain about sensitivities to strong scents such as perfume. Human rights laws in many provinces accept that environmental sensitivities may be disabilities, to which the duty to accommodate to the point of undue hardship may apply. This […]
Workplace harassment is one of many areas where California employers have additional legal obligations than employers who operate exclusively in other states. California has more protected classes, more employers are covered, and there is a greater level of liability for peer harassment, for example.
Yesterday, we looked at a case involving an injured employee who received a 100 percent total permanent disability rating in a workers’ compensation proceeding. Is the employer allowed to refuse his request to return to work?
One of your employees is injured on the job and receives a 100 percent total permanent disability rating in a workers’ compensation proceeding. If he asks to return to work, can you turn him away without running afoul of California’s Fair Employment and Housing Act (FEHA)?