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News Notes: Free ADA And Workplace Drug Program Compliance Materials

If your website doesn’t include reader friendly alternatives for people with disabilities, such as sight impairments, you might be violating the Americans with Disabilities Act. The Center for Applied Special Technology offers a free tool at that employers can use to test whether their web pages are accessible to disabled individuals. Also, the federal Department of Labor […]

News Notes: New EEOC Fact Sheets Address Workplace Backlash Against Muslims And Arabs

Responding to a surge of discrimination complaints from employees of Middle-Eastern descent following the events of Sept. 11, the U.S. Equal Employment Opportunity Commission has released two new fact sheets to answer questions about the employment of Muslims, Arabs, South Asians and Sikhs. One fact sheet is geared toward employers, the other for employees. The […]

News Notes: Labor Department Proposes New Rules For Foreign Workers

The federal Department of Labor has proposed extensive changes to the process for filing a Labor Condition Application (LCA) to employ a foreign worker. The agency says that the new rules would speed up application processing, but HR professionals and immigration attorneys are less optimistic, predicting that the proposal could radically limit the situations in […]

News Notes: EEOC Settles Genetic Testing Case

The Burlington Northern and Santa Fe Railroad Company will pay $2.2 million to settle a genetic testing lawsuit filed by the federal Equal Employment Opportunity Commission. The EEOC charged that Burlington Northern conducted genetic testing as part of a medical exam required of employees who had filed work-related carpal tunnel syndrome claims. Burlington Northern agreed […]

ADA Accommodations: Supreme Court Rules That Seniority Systems Ordinarily Need Not Yield To Accommodate Disabled Workers, But There May Be Exceptions

Most employers know they need to consider a disabled worker’s request for reasonable accommodations, which could include reassignment to another job. But does an employee’s demand for a particular accommodation trump your seniority rules? Not in most cases, according to a new U.S. Supreme Court decision that brings needed clarity to this question. But the […]

Exempt Employees: Court Deals Blow To Overtime Class Action Trend

Over the past several years, many employers have been blind-sided by big class action lawsuits claiming employees were misclassified as exempt from overtime and owed millions—sometimes tens of millions—in back pay. Employers who have been hit include Taco Bell, Farmers Insurance Exchange, Mervyn’s California, U-Haul International Inc., Ross Dress For Less and Rent-A-Center. But a […]

Wrongful Termination: Court Says Employer Could Fire Hospital Employee Who Refused To Drop Personal-Injury Lawsuit Against Patient; Caution Required

Suppose an employee sues one of your clients or customers. Then, when you insist that the employee drop the lawsuit because it’s bad for your business, the employee refuses. Can an employee fired in this situation sue you for wrongful termination? In a new case, a California appeals court said a hospital-employer was within its […]

Employee Privacy: New Decision Spotlights Limits On Your Right To Discipline Workers For Off-The-Job Activities

John Strahan, a sergeant for the Washoe County, Nev., Sheriff’s Department, was a member of a motorcycle club called Blind Justice. He allegedly attended motorcycle events, wore Hell’s Angels T-shirts and hung out with other bikers, including some who were convicted felons. When Strahan was demoted to deputy sheriff, he filed a lawsuit contending he […]

Disabled Workers: Employee Can Sue For Workplace Injuries Caused By Employer’s Failure To Accommodate

Typically, workers’ compensation is the only remedy for an employee who is injured on-the-job. But a California Court of Appeal now says that if the injury stems from your not reasonably accommodating an employee’s disability, the employee can bypass workers’ comp and sue you for damages. Disabled Employee Injured At Work Marilyn Bagatti was an […]