Practical HR Tips, News & Advice. Updated Daily.
by Allison B. Wannop It is undeniable that the American workforce is getting older or, shall we say, more mature. In The Aging U.S. Workforce, the Stanford Center on Longevity estimates that by 2020, workers 55 and older will make up a quarter of the U.S. labor force, up from 13% in 2000. As the […]
by Gregory L. Silverman Religious accommodations in the workplace can be challenging for employees and employers to navigate. In our increasingly diverse and religiously pluralistic society, an employee’s religious practices may conflict with practices in the workplace. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual with respect […]
by Kelly Smith-Haley Most employers know they have to make reasonable accommodations for an otherwise qualified employee with a disability under the Americans with Disabilities Act (ADA). But you may not know that the task of determining what qualifies as a reasonable accommodation doesn’t fall solely on you. A recent court decision reminds employers and […]
by Matthew A. Goodin In addition to allowing disabled employees to sue their employers for discriminating or refusing to provide reasonable accommodations, both federal and California law allow disabled persons to sue businesses and places of public accommodation for failing to comply with a myriad of accessibility requirements, such as having wheelchair ramps or the […]
by Allison B. Wannop One of the most difficult issues employers deal with is how to accommodate an employee with a mental impairment under the Americans with Disabilities Act (ADA). Mental impairments can include depression, anxiety disorders, and psychiatric disorders that affect employees’ attendance and performance. Employers may have a difficult time distinguishing mental impairments […]
A federal appeals court has vacated and agreed to rehear a recent opinion in which it held that permission to work from home can be a reasonable accommodation required by the Americans with Disabilities Act. In the now-vacated ruling, the 6th U.S. Circuit Court of Appeals departed from its precedent that “attendance” is almost always […]
In a decision that overlooked key COBRA guidance, a federal district court ruled that an employer/plan administrator fulfilled its notice obligation by verbally providing a notice of COBRA rights and accepting premium payments — which apparently the qualified beneficiary had to pay a few days after her employment termination. In dismissing a COBRA notice claim, […]
by Lisa Berg What do forgetfulness, menstrual cramps, and social awkwardness have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA). The DSM-5 is widely used by healthcare professionals to […]
by Cathleen S. Yonahara An employee was placed on paid leave because of his medical symptoms. When he was subsequently fired, he sued for disability discrimination. The employer prevailed at the trial court level but lost before the appellate court. The crux of the case was whether the employer “regarded” the employee as disabled even […]
The Americans with Disabilities Act (ADA) requires employers to not discriminate against qualified individuals with disabilities. It also requires that those individuals should be given reasonable accommodations (whenever applicable) to allow them to perform the essential functions of the job, as long as doing so does not create an undue hardship for the employer. Let’s […]