Tag: disability

News Notes: Jury Awards $19 Million To Disabled Employee Fired For Absenteeism

A jury in Sacramento recently awarded a staggering $19 million—$15 million of it in punitive damages—to a McKesson Corp. employee who claimed her employer violated disability bias and family and medical leave laws. Charlene Roby allegedly was fired under the company’s no-fault absence policy after several unexcused absences because of a panic disorder. She also […]

Equal Pay: Massive Lawsuit Highlights Need for Smart Pay Practices; An 8-Point Audit Checklist to Keep You In Compliance With Equal Pay Laws

A lawsuit charging Wal-Mart with discrimination against 1.6 million female employees has been certified as a class action by a federal district court judge in San Francisco. A key allegation in the litigation—being called the largest civil rights action in United States history—is that Wal-Mart violated state and federal equal-pay laws by paying female employees […]

News Notes: Court Clarifies Date Of Injury For Purposes Of Determining Workers’ Comp Liability

  A California appeal court has ruled that for purposes of determining whether an employer is liable for an employee’s occupational disease or cumulative trauma injury, the date of injury is when the employee first suffered either temporary or permanent disability—not when medical treatment was received. The ruling is important because, with work-related disease or cumulative […]

News Notes: Jury Awards In Employment Lawsuits Skyrocket In 2003

The national median jury award in employment-practice liability cases, which includes discrimination and wrongful termination claims, rose 18 percent in 2003 to $250,000, according to a new report from Jury Verdict Research. At the same time, the compensatory award median for discrimination cases—including age, race, disability, and sex bias—fell slightly by 2 percent to $232,322. […]

Americans with Disabilities Act: Employee’s Respiratory Ailment Stemming from Workplace Mold Lands Employer in Court

Earlier we reported on the growing risks of toxic mold in the workplace. Now, a federal court ruling demonstrates how this health and safety problem can mushroom into complaints under the Americans with Disabilities Act. Employee Suspects Mold in Building While working for the city of San Antonio, Texas, Dorothy Burnley was diagnosed with a […]

Health Insurance: New Health Savings Accounts–What They Are And How They May Impact Benefits Plan Choices

When the sweeping new Medicare law was recently signed into law, bundled within it was an unrelated but key provision for employers—the creation of tax-free Health Savings Accounts (HSAs). We’ll explain what HSAs are, who’s eligible, and what they could mean for you and your employees. We’ll also highlight a few potential downsides you should […]

Reasonable Accommodation: Court Examines Limits to Employer’s Obligation to Engage in Interactive Process with Disabled Employee

When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]