Tag: disability

Age Discrimination: Requiring EKG For Older Applicants Deemed Illegal Age Bias; Guidelines For Applicant Exams

Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]

Reasonable Accommodations: New Case Says You May Have To Allow Telecommuting; Tips For Managing Accommodations

Suppose an accommodation you’ve provided for a disabled employee isn’t working out. How far must you go to find a new accommodation? And do you have to consider telecommuting as an alternative? A recent Ninth Circuit Court of Appeals decision zeroes in on these questions. And we’ll suggest ways to manage the accommodation process to […]

Health Benefits: New Strict Time Limits For Claims And Appeals

New Department of Labor regulations on health benefit claims and appeals procedures reduce the time allowed for processing claims and reviewing claim denials. The rules apply to claims filed on or after Jan. 1, 2002, under all ERISA-governed health plans including employer-provided health programs such as dental and vision coverage, disability plans and HMOs.

News Flash: Workers’ Compensation Resurfaces In Sacramento

  Last year Gov. Davis vetoed a bill to increase workers’ comp benefits. But, as expected, the issue has already emerged in a new bill, S.B. 71, that calls for a study to make recommendations for boosting benefits and implementing other workers’ comp reforms. Employer proposals include reducing permanent disability payments when an employee returns […]

Accommodating Workers: Court Explains Responsibilities Of Employers And Disabled Employees To Work Together To Find New Job

Under changes to the state disability discrimination law that took effect January 1, you can be sued for failing to cooperate with a disabled employee to determine whether they need a reasonable accommodation and to explore available options. A new California Court of Appeal decision provides more detail on how you and the disabled employee […]

Leave Policies: Why You Can’t Automatically Terminate A Disabled Employee Whose Leave Runs Out

Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]

Accommodating Employees: Court Overturns Verdict For Colorblind Applicant, But New State Disability Bias Rules Could Change Outcome Of Similar Cases

A California Court of Appeal has thrown out a $307,000 verdict for an applicant who was turned down for a deputy sheriff job because he was colorblind. But as we’ll explain, the outcome might have been very different—and more costly for the employer—if the case had been decided under the new state anti-discrimination rules that […]

Disabled Employees: Seniority Policy Must Give Way To Accommodations; What To Do Now

Most employers know they must explore the possibility of making a reasonable accommodation requested by a disabled worker. But what if an employee wants an accommodation that conflicts with your seniority system? And how far do you have to go in working with the employee to accommodate their request? In a surprising reversal of its […]