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D.C. insight: OSHA, OFCCP stepping up enforcement

by Sophie E. Zdatny At a recent Employers Counsel Network (ECN) conference in Alexandria, Virginia, several notable speakers stopped by to provide their insights on current developments in the employment arena at the national level and to share their predictions for President Barack Obama’s second term. Highlights include increased regulatory activity from the Equal Employment […]

When Opportunity Knocks, Will You Open the Door?

Abraham Lincoln once said, “I will prepare and some day my chance will come.” And for Lincoln, the opportunities did come in large part because he created them, says business and leadership blogger Dan Oswald. Lincoln was known for his hard work and determination. But it all started with two things: his willingness to prepare […]

Failing to Engage in Interactive Process Not in Itself an ADA Violation

When an employer fails to participate in the interactive process of finding a workplace accommodation for an employee with a disability, that misstep can be used as evidence of discrimination. Such a failure is not, however, an ADA violation when it stands alone, the 7th Circuit ruled in Basden v. Professional Transportation, Inc., No. 11-2880 […]

Stop-loss Restrictions Advance in Several States

Fast-moving events have advanced state-level proposals aimed at regulating stop-loss, which would make it more expensive for small employers to self-insure health benefits, and put power over self-funding in the hands of state insurance commissioners. Utah law now requires stop-loss insurers to cover incurred and unpaid claims if a small employer plan terminates — an unprecedented requirement. […]

Employer Says Gross Misconduct Means No COBRA Coverage for Ex-employee

An employer provided enough evidence raising questions of a former employee’s possible gross misconduct to ward off her summary judgment motion regarding a COBRA notice claim. The employer noted the individual had committed gross misconduct by quitting the job without notice, refusing to follow supervisor instructions and initially lying about why she left work early […]

The 5 Questions that Identify Essential Functions

In fact, we turned to SmartJobs for the five questions that can help you decide whether a function is an essential function: 1. Does the position exist specifically to perform this function? For example, when a person is hired to proofread legal documents, the ability to proofread is an essential function. Or, for example, a […]

Does the ADA Require Job Descriptions? No, But …

If you do have job descriptions, the Equal Employment Opportunity Commission (EEOC) has said that it will review or consider them, as well as other relevant information, when determining essential functions. Therefore, it is important to keep job descriptions current. Claiming later that some function not listed on the description is a task essential to […]

5 Keys to Improving Employees’ Attitudes About Safety

Many of the creative and cost-saving ways to keep your safety programs effective that we went over yesterday revolve around increased employee involvement. And keeping employees involved in safety efforts requires developing a positive safety attitude. Here are 5 keys to improving your employees’ attitudes about safety. 1. Take Safety Seriously Every employee must take […]

How Can You Keep Safety Training a Priority in Shaky Economic Times?

In today’s shaky economy, you may find out that your organization’s commitment to safety training programs is not as strong as you thought. But when it comes to safety, the stakes of cutting back are high. As training professionals know, tough times make vigilance to worker safety even more important. The threat of layoffs can […]

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Discrimination and document abuse in the hiring process

by Kathy Neal You’ve been verifying I-9s since the Immigration Reform and Control Act (IRCA) took effect in 1986. You know the difference between List A, B, and C documents, and you can fill out I-9s in your sleep. Imagine your surprise to receive a letter from the Office of Special Counsel for Immigration-Related Unfair […]