Practical HR Tips, News & Advice. Updated Daily.
After Daniel Huffman, a sales manager in Pomona for Interstate Brands Co. (IBC), was demoted, he sued for age bias and emotional distress arising from a knee injury incurred in the new job, which required him to perform heavy physical work. A trial court awarded him $2 million for emotional distress from the knee […]
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 […]
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 […]
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. […]
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 […]
Most employers know the Americans with Disabilities Act (ADA) requires you to provide a reasonable accommodation for a qualified disabled employee. But did you know that even if an employee doesn’t have an ADA-covered disability, their request for a reasonable accommodation may still be a protected activity?
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 […]
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 […]
A new Ninth Circuit Court of Appeals ruling illustrates why it is so important for HR personnel and frontline managers to understand the provisions of the state and federal family and medical leave laws.
The EDD has now told us the new law allows an employee who has taken disability pregnancy leave to take six weeks of paid family leave, contrary to our statement in last month’s issue. The law is (seemingly) contradictory in several places. If clarification is provided, we’ll let you know. In the meantime, employers need […]