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This article series examines similarities and differences between the FMLA and the ADA so that you can stay in compliance when both laws apply. Here, we compare what’s considered a qualifying event under both laws. Read more.
This article series highlights the similarities and differences between the FMLA and the ADA. Here, we identify what employers are covered under each law. Read more.
Although the legal requirements of the FMLA and the ADA are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know which law takes precedence, or “trumps,” the other. Read […]
A recent appeals court opinion illustrates that an employer that acts “reasonably” often will be in compliance with the Americans with Disabilities Act. The 7th U.S. Circuit Court of Appeals found that an employer had fulfilled its duties under the ADA by providing an effective accommodation to an employee with a disability, even though it […]
Yesterday, we got some insights on the importance of a well-structured approach to compensation at your organization, courtesy of J. Timothy O’Rourke. Today, we look at his take on whether building an effective salary structure is more of an art or a science.
A federal district court judge approved a consent decree requiring Staples to pay $275,000 for failing to notify an employee of his Family and Medical Leave Act leave rights to care for his critically ill wife over a period of two years. The U.S. Department of Labor contended that the office supply chain’s failure to […]
In yesterday’s Advisor, consultant Bridget Miller shared some application questions to avoid, including those that reveal age or disability information. Today, Miller covers more protected classes, private information, and other areas of inquiry that your application shouldn’t touch with a 10-foot pole.
An employer is not required to alter its attendance policy to allow erratic, extended and indeterminate leave as a “reasonable accommodation,” according to a federal district court in Texas. Accordingly, the employer did not violate the Americans with Disabilities Act when it fired an employee for violating the company’s attendance policy, the court ruled in […]
During an interview, it’s not just the prospective candidate who needs to be on his or her toes. Interviewers/hiring managers must ask the right (that is, legal) questions in order to both make the right hire and keep the company out of court.
By Robert Teachout Changes in job duties and increased responsibilities that an employee claimed made his job “untenable” were not sufficient to be an adverse action under the ADA or the ADEA, the 8th U.S. Circuit Court of Appeals recently ruled. The court held that the increased duties did not constitute a material change in […]