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Reasonable Accommodations: Deaf Employee Who Was Turned Down For Driver Job Can Sue; Defenses To Accommodation Claims

Under federal Department of Transportation rules, professional drivers who operate vehicles weighing more than 10,000 pounds must be DOT certified. United Parcel Service had a policy of only hiring individuals for driving positions who had this certification. Based on this rule, UPS turned down an employee who couldn’t meet DOT standards because she was deaf. […]

News Notes: Interest Rates Limited On Benefit Plan Loans For Service Members

Under a little-known federal law—the Soldiers’ and Sailors’ Civil Relief Act—the maximum interest rate that may be charged to active military service members for obligations incurred before active duty is limited to 6%. And now the federal Pension and Welfare Benefits Administration has announced that this interest cap applies to employee benefit plan loans. Federal […]

News Notes: Expanded Mental Health Parity Measure Dies In Congress

House Republicans have defeated a measure that would have forced insurers to cover mental health conditions to the same extent that they cover other medical problems. The provision, which the Senate had tacked on to a federal spending bill, would not have required employers to provide mental health coverage as part of employee benefits, but […]

News Notes: State Workplace Fatality Rate Continues To Fall

The number of California workers killed on the job in 2000 was the lowest since 1992, when the state first published such data. Preliminary figures from the California Department of Industrial Relations show there were 553 deaths in 2000, down from 644 a decade ago. Over 41% of the total deaths resulted from transportation accidents, […]

News Notes: Social Security Administration To Pay $7.75 Million In Bias Case

The Social Security Administration has agreed to pay $7.75 million to settle a lawsuit by 2,200 male African-American current and former employees who claimed they were denied promotions and pay because of their race and sex. The lawsuit charged that African-American men were kept in low-grade jobs and were more likely to be disciplined than […]

News Notes: DOT Now Enforcing Rule On HAZMAT Placards

The Department of Transportation has begun enforcing a rule that prohibits motor carriers from placing extraneous information on placards or in placard holders reserved for hazardous materials information. The measure, which took effect Oct. 1, 2001, bans signs, advertisements and slogans such as “Drive Safely” that reduce the ability of emergency responders to immediately recognize […]

Americans With Disabilities Act: Supreme Court Says Disabilities Must Substantially Limit Activities Of Central Importance To Daily Life; Practical Impact In California

In the first of three cases the U.S. Supreme Court is considering this term that involve the Americans with Disabilities Act, the high court has issued a ruling that will make it harder for workers to prove they are entitled to reasonable accommodation under federal disabilities law. However, as we’ll explain, the new decision, which […]

Avoiding Retaliation Lawsuits: Jury Awards $2.7 Million To Salesman Who Was Fired After Filing Labor Commissioner Pay Claim

Mark Ramijak worked as an account executive for FileNet Corp. in Costa Mesa, a company that sells and services document management software. He claimed that FileNet owed him about $200,000 in commissions and bonus payments from sales he had made of software and maintenance service contracts—and he eventually took his pay gripe to the California […]