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Suppose an employee’s medical condition prevents them from performing their job. Instead of exploring whether a reasonable accommodation is available, you terminate the employee. And, not surprisingly, you wind up with a disability-bias lawsuit on your hands. But what if it turns out the employee wasn’t disabled in the first place? Can you still be […]
You probably know it’s illegal to retaliate against a worker who complains in good faith about an unsafe work condition. But in practice, retaliation problems are not always so clear-cut, and they can sneak up on you. They often arise when an employee with a history of complaining starts griping about something you feel is […]
Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]
Economic pressure may be forcing you to cut your workforce. And you may wonder if you can do anything to reduce your legal risks if an employee you’ve targeted for layoff has recently returned from medical leave. As one employer that recently sidestepped an expensive lawsuit learned, the answer may lie in how scrupulous you […]
With the economy still slumping, many employers are looking for creative ways to cut costs. You may be tempted to force some of your older employees to retire—but this strategy could land you in an expensive age-bias lawsuit. That’s because, under state and federal law, pushing older workers out the door is OK in only […]
It’s time for federal contractors and subcontractors to prepare for changes that will affect their employment practices with respect to veterans. Late last year, President Bush signed into law the Jobs for Veterans Act (JVA), which makes significant changes to the Vietnam Era Veterans’ Readjustment Assis- tance Act of 1974 (VEVRAA) and goes into effect […]
The U.S. Department of Health and Human Services recently published the first in a series of interim enforcement rules under the Health Insurance Portability and Accountability Act. The interim rule took effect May 19, 2003, and expires Sept. 16, 2003. It sets out procedures for conducting investigations and hearings and imposing civil penalties for violations […]
Verizon employee Denise Harris was granted family and medical leave for a bad back. Under the union contract covering Harris’ employment, Verizon paid Harris sick pay benefits during the first part of her leave, but cut off her benefits when she didn’t provide a physician’s report confirming she couldn’t work. Harris sued, claiming the failure […]
The U.S. Department of Transportation has issued revised rules regulating driving hours and rest periods for professional truckers. The rules, which take effect Jan. 4, 2004, will permit professional truck drivers to drive up to 11 hours during a 14-hour on-duty period, provided the trucker receives a 10-hour off-duty period following the shift. For short-haul […]
A San Bernardino jury’s $1.45 million verdict for a disabled employee underscores the importance of making sure that physical agility tests actually measure the ability to perform essential job functions. Judy Tousignant was a part-time juvenile hall counselor for San Bernardino County for eight years. In a physical agility test required for promotion to a […]