Practical HR Tips, News & Advice. Updated Daily.
by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]
by Martin J. Regimbal The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.
The question of whether the Americans with Disabilities Act (ADA) requires noncompetitive transfers as an accommodation has long divided the federal courts of appeal. And until the U.S. Supreme Court answers the question, employers are left with a mix of conflicting court rulings and federal guidance.
by Dinita L. James, Gonzalez Law, LLC It isn’t the best time for Sullivan Motor Co., a Mesa used-car dealership, to end up before the Arizona Civil Rights Division (ACRD) of the Arizona Attorney General’s (AG) Office on a charge that its treatment of a former salesman with terminal cancer violated the Arizona Civil Rights […]
Question: Is an employee eligible for FMLA to care for a 20 year-old daughter that lives with her and was in a bad accident?
by James M. Leva, JD, Day Pitney LLP The New Jersey Appellate Division recently ordered a new trial to determine whether an employer failed to engage in the interactive process and accommodate an employee who was terminated after he complained about headache pain.
by John S. Gannon Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as […]
What if you had an employee who apparently showed up to work drunk and then loudly swore at a coworker within earshot of customers? Would you: (A) fire the employee on the spot, (B) investigate and then terminate if evidence shows the accusations are likely true, or (C) let it go to prevent the employee […]
Question: We have an employee on short-term disability (STD) with a doctor’s note stating he is not fit to return to work. However, we have recently learned the employee is performing work around his farm. Is there anything we need to be doing differently administratively?
In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.