Tag: disability

New Harassment Legislation: Governor Expands Law To Cover Independent Contractors; 3 Important Steps To Take

One advantage of using independent contractors has traditionally been that you could not be sued for many employment-related disputes. But because Governor Davis has just signed a new law expanding harassment protections to independent contractors, you will now have to be more cautious in how you deal with them. The measure takes effect January 1, […]

Accommodating Disabilities: Extra Effort To Accommodate Worker Wins Case For Employer

Lucky Stores faced a typical problem. An employee who was injured on the job wanted to return to work even though his doctors had imposed restrictions on his duties. The supermarket carefully considered the employee’s work limitations, extended his disability leave more than once and eventually offered him a part-time job he was qualified to […]

Sexual Harassment By Supervisors: New EEOC Guidelines On Employer Liability

The federal Equal Employment Opportunity Commission has released new guidelines interpreting and expanding on last year’s Supreme Court rulings on automatic employer liability for sexual harassment by supervisors. The new guidelines are a helpful benchmark for measuring whether your anti-harassment policies and practices make the grade.

Disabled Workers: High Court Says Employees Can Make Inconsistent Statements About Disabilities; Impact On Employers

Can workers who swear to be totally disabled on an application for Social Security benefits turn around and sue you under the Americans With Disabilities Act (ADA), contending they’re qualified to work despite their disability claim? Two recent court decisions – one from the United States Supreme Court and the other involving a Northern California […]

News Notes: Worker With Disabled Child Protected By The ADA, Court Rules

An employee who claimed she was fired because her newborn daughter had a disability has been given the green light to sue her employer under the Americans with Disabilities Act. Karen Abdel-Khalek, who worked for Tenenbaum and Associates, Inc., gave birth to a baby with serious health problem. Several months later, while Abdel-Khalek was on […]

Americans With Disabilities Act: EEOC Issues New Guidelines On When You Do—And Don’t—Have To Accommodate Disabled Employees

The federal Equal Employment Opportunity Commission has released comprehensive guidelines designed to help its investigators analyze complaints-and help employers comply with their accommodation obligations-under the Americans with Disabilities Act. The new enforcement guide attempts to answer frequently asked employer questions on a range of topics-from how to handle medical verification of a disability to when […]

Retaliation Claims: Court OKs Lawsuit By Fired Employee Who Complained About Health And Safety Problems; How To Avoid This Fast-Growing Employer Risk

Most employers understand, in principle, that it’s illegal to retaliate against a worker who in good faith complains about an unsafe or illegal condition at work. In practice, however, retaliation cases are rarely black and white. Frequently, problems arise when an already difficult employee begins griping about something you feel is irrelevant or unimportant-and the […]

News Notes: EDD Rescinds New Pregnancy Disability Policy

Last month we reported that the California Employment Development Department announced it would pay maternity disability benefits only for the time period a woman is actually disabled from working rather than for the four weeks before childbirth and six weeks after (or eight for a cesarean). The agency has now abruptly reversed itself-and reinstated the […]

ADA Accommodations: New Ruling Clarifies Employee And Employer Obligations, Protects Seniority Systems

Most employers know they need to seek a reasonable accommodation for disabled workers who are otherwise qualified to perform their jobs. But applying this rule to real-life situations can be complicated. What if an employee wants an accommodation that would require you to make an exception to your established seniority system? And how far do […]