Practical HR Tips, News & Advice. Updated Daily.
Within the last year, interesting trends have emerged from federal courts on a variety of important ADA issues. Striking somewhat of a balance, courts have tended to be more favorable to employers in deciding which functions of a job are truly “essential.” Conversely, many courts have sided with the employee regarding the sufficiency of the […]
Question: Our employee has filed an Americans with Disabilities Act (ADA) request with her psychiatrist to work from home permanently. Do we have to accommodate her? She already has performance issues, and no one else on her team is a permanent remote employee.
As COVID-19 vaccinations increase and states ease pandemic-related restrictions, many employers are beginning to plan for employees’ to return to the office. But not all workers may want to return, and some might ask to work remotely because of ongoing concerns about the virus in light of underlying health conditions or simply a fear of […]
When designing a recruiting and hiring process, few employers would intentionally build a system that automatically excludes qualified candidates. But new research indicates that’s what sometimes happens with employers seeking middle-skills workers. Such a system hurts not just the jobseeker but also the employer hoping to attract and retain productive employees from a variety of […]
by Courtney Bru The Americans with Disabilities Act (ADA) limits employers’ ability to make disability-related inquiries or subject employees to medical exams. You may not take those actions until after you’ve offered the applicant a job. Once a conditional offer of employment has been made, you may ask about medical conditions or require a medical […]
by Matthew A. Goodin Even experienced HR professionals have a difficult time with requests for reasonable accommodation from disabled employees. This process is even trickier if the employee needs a leave of absence as an accommodation because of the intersection of different laws that govern leaves of absence. Below are some of the most common […]
by Jo Ellen Whitney This summer, the U.S. Department of Labor (DOL) indicated that under new Fair Labor Standards Act (FLSA) regulations issued in May, it might be necessary for various employers to change some workers’ overtime exemption. In a blog post on the DOL website, the agency also indicated that employees would be thrilled […]
by Steven T. Collis You know you can’t discriminate against a qualified individual with a disability. But what if you are convinced the person’s disability would create a significant risk of harm to him or others if he’s allowed to perform the intended job? The “direct threat” defense may help you avoid liability for a […]
The task of writing and revising job descriptions may sound dull, but at the same time be daunting. With so much to consider—essential versus nonessential functions, varied job responsibilities, experience and education requirements, etc.—the job can be mind-numbing. Then throw in the legal issues to consider, including things like how to prevent discrimination and wage […]
The Americans with Disabilities Act’s employment protections only extend to individuals with disabilities who can perform the essential functions of their jobs. And when it comes to deciding which functions are “essential,” courts continue to defer to employers’ judgment. In Knutson v. Schwan’s Home Service, Inc., No. 12-2240, (April 3, 2013), the U.S. 8th Circuit […]