Author: Florida Employment Law Letter

New mental disorders could lead to spike in ADA claims

by Lisa Berg What do forgetfulness, menstrual cramps, and social awkwardness have in common? They’re all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA).  The DSM-5 is widely used by healthcare professionals to […]

The perils of firing an older, long-tenured worker

by Jonathan C. Sterling Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn’t abide by company policy, doesn’t meet deadlines, and has […]

Supreme Court addresses, upholds state bans on affirmative action

By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on.  Background In 2003, two U.S. Supreme Court decisions […]

Perception is reality when it comes to disabilities

by Cathleen S. Yonahara An employee was placed on paid leave because of his medical symptoms. When he was subsequently fired, he sued for disability discrimination. The employer prevailed at the trial court level but lost before the appellate court. The crux of the case was whether the employer “regarded” the employee as disabled even […]

SHRM certification: How will HR professionals go forward?

Career-minded human resource professionals interested in proving their worth to their employers devote time, energy, and money into earning certification. But now the credentialing system they’ve relied on for decades is up in the air, and a new system is still a mystery. HR pros were surprised in May when the Society for Human Resource […]

SHRM-HRCI rift: What does it mean for HR professionals?

The news of a change in certification for human resource professionals struck a nerve this spring when the Society for Human Resource Management (SHRM) announced it was developing a new certification system that seems to be a threat to the familiar credentials offered through HR Certification Institute (HRCI). The heat has only built since the […]

New guidance on pregnancy discrimination released

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities. The EEOC issued […]

Do your employees have the right type of motivation?

by Dan Oswald A colleague shared with me an article published recently in the New York Times Sunday Review. In addition to the fact that the article had been recommended, its title, “The Secret of Effective Motivation,” was certainly enough to get me to read it. Who in management doesn’t want to know the “secret” […]

The keyboard is mightier …

This past Friday, LeBron James announced his return to Cleveland after four years of displaying his talents at South Beach. One of the biggest clues that something was in the works was when the open letter written by Cleveland Cavaliers owner Dan Gilbert in 2010 to the then-departing LeBron suddenly went missing from the team’s website. In […]

New Arizona law spells out employees’ victim leave rights

by Jodi R. Bohr An amendment to Arizona’s law addressing leave rights for victims of juvenile offenses goes into effect on July 24, making the law on juvenile offenses mirror the law addressing leave rights for victims of criminal offenses. During its second regular session, the 51st Arizona Legislature amended Arizona Revised Statutes (A.R.S.) § […]