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Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee […]
Work can be stressful for anyone, and employers are wise to ease the burdens when possible in the interest of maintaining productivity and the general well-being of the workforce. But disabilities can complicate the issue, especially when the disability isn’t obvious. Human resources professionals may be well aware that the Americans with Disabilities Act (ADA), […]
by Elaine Young Here are two situations in which you must avoid discrimination while fulfilling your obligation to hire only authorized workers. Situation #1 ABC Resort is a beautiful, large new resort in the Utah mountains. Some of its managers heard about Immigration and Customs Enforcement (ICE) raids a few years ago at other resorts […]
by Luke Draisey It’s likely that 2016 was a year that most people won’t soon forget. It was a year marked by international turmoil, celebrity deaths, and unprecedented political disunity. We saw Great Britain’s decision to withdraw from the European Union, the genesis of the Zika virus, and the deaths of several cultural icons, including […]
by Howard Fetner The Equal Employment Opportunity Commission (EEOC) recently issued a resource document explaining the rights of job applicants and employees with mental health conditions. The document explains that applicants and employees with mental health issues are protected from discrimination and harassment based on their conditions, may be entitled to reasonable accommodations, and have […]
by Michelle Lee Flores Actor and writer Marlon Wayans’ use of the term “nigga,” his comments referring to an actor’s “afro” and comparing him to a black character on Family Guy, and his tweet, including a side-by-side photo comparison of the actor and the Family Guy character, were all protected speech, according to a trial […]
The Northern California Human Resource Association (NCHRA), and Waggl—the most human way for organizations to crowdsource feedback—released new data from its joint “Voice of the Workplace” pulse on the subject of diversity in the workplace.
The rural-urban divide in America has had people talking since the 2016 presidential election, which showed a marked difference in the way urban and rural areas tend to vote. The 2016 election wasn’t the first sign of a divide, and individuals in both rural and urban areas often defy aggregate data, but various statistics show […]
by Mark I. Schickman Twenty years ago in Faragher v. City of Boca Raton, the U.S. Supreme Court considered the case of a female lifeguard who sued the city of Boca Raton for sexual harassment because her supervisor lifeguard, on duty with her on a local beach, subjected her to “uninvited and offensive touching,” made […]
by Robert P. Tinnin, Jr. Q I own a small software development company that has been phenomenally successful in the few short years we have been in business. I attribute our success in large measure to our employees, who are very tight-knit and cohesive. Nine of our 10 current employees are Anglo males between 35 […]