Practical HR Tips, News & Advice. Updated Daily.
By Kate McGovern Tornone, BLR Editor Current and accurate job descriptions are your best defense to Americans with Disabilities Act (ADA) claims, speakers told attendees at the Society for Human Resource Management’s (SHRM’s) annual conference.
Today I was advised that an employee told one of his coworkers that he was sorry for working slow on a project; his explanation was that he has a blood clot in his leg and takes blood thinners. We are concerned about his safety and his ability to continue to perform his work. He does […]
An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.
In yesterday’s Advisor, BLR® Senior Legal Editor Joan Farrell, JD, explained new rules for wellness programs under the Americans with Disabilities Act (ADA). Today Farrell discusses additional rules for wellness programs under the Genetic Information Nondiscrimination Act (GINA).
Wellness programs have taken root at many companies nationwide, viewed as a way to both nurture employees’ well-being and help the organization’s bottom line. However, certain regulations do apply for wellness programs. Today and tomorrow, we will hear the latest on these rules from BLR® Senior Legal Editor Joan Farrell, JD.
By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]
Our non-exempt employee has no sick or vacation days left and has accrued absentee attendance points close to termination. Because of this, the same employee is coming into work while sick. We don’t want the health of other employees to be at risk because of his/her presence. Can an employer force a sick employee to […]
By BLR Senior Legal Editor Joan Farrell, JD The Equal Employment Opportunity Commission (EEOC) has issued final wellness rules regarding incentives employers may use to encourage employee participation in wellness programs in compliance with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
As employers we all strive to be in legal compliance, especially when it comes to federal regulations that protect our employees, such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). But it can admittedly get confusing when some legal regulations seemingly overlap or even seem almost contradictory to […]
Reasonable accommodations are an integral part of the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to any disabled employee or applicant—and the standard of what constitutes “reasonable” is quite broad. Essentially, an accommodation must be provided as long as one exists that does not constitute an undue hardship on the […]