Archives

Reasonable Accommodation: Court Examines Limits to Employer’s Obligation to Engage in Interactive Process with Disabled Employee

When Pacific Bell service technician Clarence Allen became disabled, his doctor told the company the disability prevented Allen from performing anything other than sedentary work. Allen then asked Pacific Bell to accommodate his disability by allowing him to return to his service technician position without requiring him to climb poles and ladders. Requested Accommodation Denied […]

Americans with Disabilities Act: New EEOC Fact Sheet Guides You in Accommodating Diabetics in Your Workplace

During the past five years, the Equal Employment Opportunity Commission (EEOC) has seen a 13 percent increase in the number of charges filed under the Americans with Disabilities Act (ADA) alleging discrimination based on diabetes. And according to the Centers for Disease Control, approximately one million cases of diabetes are diagnosed each year in the […]

Health and Safety: Employee Obesity Can Create Risks in the Workplace; Low-Cost Approaches to Tip the Scales in Your Favor

No doubt you’ve heard that Americans are getting heavier. The Surgeon General reports that in 1999, 61 percent of adults in the United States were overweight, twice as many as in 1980. And as of 2001, according to the Centers for Disease Control (CDC), nearly a quarter of all Californians were obese. These numbers—and the […]

News Notes: Reminder To Post Cal_OSHA 300A Log

From February 1 through April 30, 2004, most public and private employers are required to post the Cal-OSHA Form 300A annual summary log of injuries and illnesses that occurred in 2003. You must display the summary in a conspicuous place where you normally post notices to employees. During the posting period, you’re responsible for making […]

News Notes: Big Sex-Bias Settlememt At UC Lab

The University of California has agreed to pay out $9.7 million in damages—and possibly millions more in attorney’s fees—to settle a class action lawsuit alleging sex discrimination against 3,200 female workers at the university-run Lawrence Livermore National Laboratory. The lawsuit alleged women experienced bias in promotions and were paid less than male employees who performed […]

News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit

The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]

News Notes: NIOSH Recommends Ways To Prevent Work-Related Roadway Deaths

The National Institute for Occupational Safety and Health (NIOSH) has published a new report with practical recommendations for how employers can prevent work-related roadway crashes, which have become the leading cause of job-related fatalities nationwide. The tips are useful not just for companies that employ full-time professional drivers such as truckers but also for employers […]

News Notes: Xerox To Settle Pension Lawsuit

We reported in September on a federal appeal court ruling that Xerox Corp.’s pension plan improperly calculated lump-sum distributions from cash balance retirement accounts, resulting in lower benefits for certain employees who left the company between 1990 and 1999. Now Xerox has agreed to pay $239 million to settle the lawsuit, ending speculation over whether […]