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Employees Must Be Able to do Essential Job Functions, Even if Rarely Performed

A job function can be “essential” for Americans with Disabilities Act purposes even if it is rarely performed, recent case law illustrates. To qualify for ADA’s job protections, employees must be able to perform all of their job’s essential functions, with or without a reasonable accommodation. “Essential functions” are defined as the fundamental job duties […]

HR’s work not over when harassment investigation ends

As more and more people are coming forward with claims of sexual harassment in the workplace, employers have rightly focused on making internal investigations thorough and effective. But the work doesn’t end when the investigation is wrapped up. In fact, it may be just beginning, according to an attorney and a human resources expert who […]

Employee Loses ADA Lawsuit for Failing to Engage Over Alternative Accommodations

A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding his failure to engage in discussions with his employer over alternative accommodations doomed his claim. The teacher alleged the school board had unlawfully refused to let him continue working from home after the district returned to in-person […]

Hitting the trifecta: 3 things you need in your team members

by Dan Oswald In a recent conversation with an organizational psychologist, I was asked, “What are the top three things you look for in the members of your management team?” That’s a big and important question. Yet I was able to answer it quickly and easily: “Trustworthiness, compatibility, and talent.” The next sentence I uttered […]

retirement

DOL Continues Fiduciary Rule Enforcement Relief, But Confusion Remains

The U.S. Department of Labor (DOL) confirmed that neither it nor the Internal Revenue Service (IRS) would punish prohibited transaction exemption (PTE) violations by investment advice professionals who are fiduciaries working in good faith to comply with impartial conduct standards.

5 Crucial Skills You’ll Gain When You Work Toward Understanding Marginalized Employees

“How we show up with others is really a reflection of how we view ourselves.” My grandmother used to offer this piece of wisdom, and as we think about our diversity advocacy, it is worth remembering that our equity and belonging work is not about saving others as much as it is about growing and […]