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Accommodating Disabilities: When You Don’t Have To Accommodate A Worker Whose Medical Condition Poses A Safety Threat

Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]

News Notes: New ADA and Hiring Fact Sheet Available

The federal Equal Employment Opportunity Commission has published a new fact sheet with guidance on how the Americans with Disabilities Act applies to the hiring process. The fact sheet, available at www.eeoc.gov, addresses employer obligations to accommodate disabled applicants and medical inquiries that are and are not permissible during the hiring process.

New Health Benefits Law Goes into Effect this Year

On October 9 of this year a new federal law—called Michelle’s Law—regarding who’s entitled to health benefits will go into effect. The law is named for Michelle Morse, a New Hampshire college student with cancer who continued with a full course load against her doctor’s advice in order to maintain health benefits under her parents’ […]

News Notes: Court Changes Its Mind On Retaliation And Religious Accommodation Cases

The federal Ninth Circuit Court of Appeal has reconsidered two opinions it issued last year. In one case, the court had ruled that the anti-retaliation provisions of the federal wage and hour laws don’t protect workers who are fired for griping about overtime violations directly to their employers rather than to the government. The court […]

Ban on Gay Marriage Ruled Unconstitutional in California

In a divided 4-3 ruling, the California Supreme Court has declared unconstitutional state laws limiting marriage to opposite-sex couples.1 The case arose out of San Francisco’s move, back in 2004, to issue marriage licenses to gay and lesbian couples. The decision was immediately challenged, and the California Supreme Court ruled then that the marriages were […]

Most Prevalent Incentive Payments? Survey Says …

Approximately one-third of employers report that their organizations supplement wages and salaries with cash incentives in the form of individual or team awards, spot bonuses, and similar payments, according to a recent survey of Cash Compensation practices conducted by BLR. Long term incentive bonuses were most frequently reported to be paid to employees at the […]