Tag: discrimination

Penalties Await Plans That Ignore ACA’s High-litigation Risks

Employers have cited complying with the Affordable Care Act as their number one concern in surveys, and that wouldn’t be the case if there weren’t taxes and money penalties backing it up. This is true even though the government postponed until 2015 penalties for failure to comply with the ACA’s play-or-pay mandates, temporarily reducing the […]

Human rights complaint can hurt your reputation AND your bottom line

By David G. Wong Until recently, the damages awarded by Canadian human rights tribunals, courts, and arbitrators across the country for human rights violations were relatively modest. In the past few years, we have seen those awards increase, although not to an outrageous level. But that might all be changing, as two recent decisions out […]

Firing of Formerly Drug-addicted Pharmacist Okay Under ADA

Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was previously charged with forging prescriptions — not because of his history of addiction. The suit […]

Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s policies, otherwise termination is justified. This assertion by the 9th U.S. Circuit Court of Appeals […]

New resources available on upcoming rules for federal contractors

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted new resources on its website to help federal contractors comply with new regulations pertaining to recruiting people with disabilities and veterans. New regulations going into effect March 24 strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and […]

UPS Attendance Policy Under Fire for Second Time

An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities Act, a federal district court has ruled. The ruling by the U.S. District Court for […]

Maine Law Court issues groundbreaking discrimination opinion

by Peter D. Lowe and Connor Beatty On Thursday, January 30, Maine’s Supreme Judicial Court issued a groundbreaking and controversial decision. The Law Court ruled that a school district discriminated against one of its students when it told the student she couldn’t use the female restroom because she is transgendered. Although this decision directly affects […]

Reform Agencies Clarify Cost Sharing and Essential Services

A series of agency Q&As resolves a few questions relating to complying with federal health care reform, such as correctly counting participants’ out-of-pocket expenditures; wellness program reward administration; and the status of “carved-out” benefits. In latest set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services and the Treasury provide some […]

Punter’s legal claims may be blocked

When they asked me to join the rotation of writers for Ford Harrison’s EntertainHR blog, I was a little nervous. After all, while we Minnesotans make headlines for things like our weather (the high temperature here last Monday was 13 degrees below zero) and electing professional wrestlers to high political office, we haven’t had a […]

HR’s New Year’s resolutions (or what your lawyer hopes they’ll be)

by Tracey B. Eberling What will 2014 bring? It’s hard to say. If you’ve been in HR very long, you know that employment law and workplace issues can be unpredictable. But HR professionals can take precautionary, commonsense steps to prevent small problems from spiraling out of control. Here are some resolutions that should help make […]