Tag: disability

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 […]

Employee Benefits: New EEOC Guidelines On When It Is—And Isn’t—Legal To Discriminate In Providing Benefits, Part 1

The Equal Employment Opportunity Commission has released comprehensive new guidelines addressing the legality of benefit differentials under several federal anti-discrimination laws. The guidelines apply to health and life insurance, long- and short-term disability benefits, severance, pension and early retirement incentives.

Disability Discrimination: New Legislation Strengthens Worker Protections

Gov. Davis has signed into law a sweeping measure, A.B. 2222, that strengthens the disability discrimination protections for California employees. Because the new law—which goes into effect Jan. 1, 2001—could bring a flood of new disability-bias lawsuits, it’s more important than ever to use caution when handling accommodation issues.

News Flash: Court Upholds Municipality’s Limitations On Disability Retirement Benefits

A California Court of Appeal has upheld a decision to deny disability retirement benefits to a San Diego city utility worker. Before he started working for the city, Charles Alesi injured his knee several times while jet-skiing and in a beach football game. He then reinjured the knee twice at work and once more while […]

ADA Accommodations: Why An Employee’s Request To Transfer To Another Supervisor Was Not A Required Accommodation

In some situations, transferring an employee to a new position with a different supervisor might be an appropriate way to accommodate a disabled employee. But a recent ruling involving a Southern California loan underwriter demonstrates that courts won’t insist on a transfer without evidence that the move would enable the employee to work more productively. […]

Disability-Related Questions And Medical Exams, Part 2: EEOC Guidelines For Handling Common But Thorny Problems

The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]

Disability-Related Questions And Medical Exams, Part 1: EEOC Releases Guidance On When You Can Get Health Information From Employees

Five years ago, the EEOC issued rules explaining which medical exams you could require and what health questions you could ask job applicants without running afoul of the Americans with Disabilities Act. Now, newly released guidance from the EEOC helps clear up some of the uncertainty employers face when these types of issues come up […]

News Notes: State Issues Workers’ Comp Fact Sheet For Employees

A free new 10-page “fact sheet” designed to be given to injured workers has been developed by the state Commission on Health and Safety and Workers’ Compensation. “Working After a Job Injury” explains employees’ rights and responsibilities in returning to work after a workplace injury. It covers such issues as work restrictions, modified jobs, disability […]

Legislative Update: New Workplace Laws On Horizon

As we went to press, the current state legislative session was drawing to a close, and a host of important bills that could significantly impact employers were pending. Here’s a rundown on key employment legislation on the docket in Sacramento and a quick overview of new federal laws under consideration.