Tag: LLP

Chronic Illness and FMLA Leave: How to Avoid Abuse

Chronic illness can present unique situations when it comes to managing the associated FMLA leave. Since chronic illnesses are generally defined as those lasting a year or longer, and statistics indicate that about 40 percent of U.S. workers have at least one chronic ailment (and about 20 percent have two or more), this means that […]

When is a Chronic Illness a Disability?

An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]

Train Supervisors to Make the Right Decisions

We want our supervisors to manage and participate, but there are several circumstances in which they must step aside, says Attorney Mark Schickman. Schickman, who is a partner with Freeland Cooper & Foreman, LLP in San Francisco, offered his training tips at a recent webinar sponsored by BLR® and HR Hero®. When the Supervisor Is […]

Avoid Gender Discrimination when Implementing Dress Codes

Employers may implement whatever dress guidelines they feel are appropriate, as long as they do not discriminate on the basis of gender, race, religion, disability, or any other federally protected status. Nonetheless, it may be best to avoid imposing rigid or highly restrictive dress requirements. Overly restrictive requirements may create resentment among employees and negatively […]

Can You Search Employees’ Lockers, Desks, and Purses

In yesterday’s Advisor, Attorney Jonathan Segal, one of SHRM’s top speakers, offered his tips on privacy in the workplace. Today, his tips on searches, plus an introduction to Sales Compensation: How to Create, Manage, and Grow a Competitive Strategy That Works webinar. Segal made his remarks at SHRM’s Annual Conference and Exhibition, held recently in […]

Special from Chicago—SHRM Annual Conference and Exhibition – ‘Hey, That Violates My Free Speech Rights!’ (Sorry.)

For companies in the private sector, the employer determines whether there is an expectation of privacy, says Attorney Jonathan Segal, and unwary employers may create the right to privacy if they are not careful. (Government employees generally have a constitutional right to a higher level of privacy than those in the private sector.) Employers can […]

Q&A on the Intersection of ADA and OSHA

Employers have an obligation to keep employees safe. They also have an obligation to meet all other legal requirements while doing so. This statement seems simple enough, but it can become complex in a hurry. For example, is an employer potentially violating the ADA by forcing employees to undergo medical screenings that may uncover safety […]

Is OSHA a Defense to an ADA Discrimination Claim?

What happens when OSHA compliance gets in the way of ADA compliance? For example, what happens if an employer fires someone (with proper process and documentation, of course) for unsafe behavior, only to discover that this person had an undisclosed medical condition that was causing the behavior? The medical condition qualified as a disability, which […]

Best Practices for Dress Code Policies

Despite the fact that there are no federal laws outlining what employer dress code policies can and cannot do, there are still plenty of ways dress codes can get employers in legal trouble. Legal challenges to dress codes are often based on allegations of gender bias, religious bias, race/national origin bias, or disability bias. To […]