Tag: ADA

6th Circuit Vacates Ruling That Telecommuting Is Reasonable Accommodation

A federal appeals court has vacated and agreed to rehear a recent opinion in which it held that permission to work from home can be a reasonable accommodation required by the Americans with Disabilities Act. In the now-vacated ruling, the 6th U.S. Circuit Court of Appeals departed from its precedent that “attendance” is almost always […]

Train Supervisors to Ask the Right Questions

There are many legal issues employers face during the interview process. Job interviews are a potential legal land mine for discrimination complaints and lawsuits. Numerous federal laws prohibit discrimination in hiring practices, including the interview process. For example: The Civil Rights Act of 1964, commonly known as Title VII, is the grandparent of employment discrimination […]

EEOC Files First ADA Lawsuit Against Employee Wellness Program

The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because the one employee who refused to participate was forced to bear the entire cost of […]

‘I send pregnant employees home their last month’

[Go here for the first part of the discussion on pregnancy discrimination] Requiring Leave May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth? No. An employer may not force an employee to take leave because she is or […]

EEOC Issues Extensive—and Helpful—Q&A on Pregnant Employees

On July 14 the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on pregnancy discrimination accompanied by an extensive and practical Q&A. The new guidance, the first to address pregnancy discrimination since 1983, focuses on how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities. Is EEOC […]

Federal Contractors’ FMLA Policies Face New Scrutiny from Executive Order

By Peter A. Susser     Federal contractors’ administration of family leave will face unprecedented scrutiny as a result of a new executive order from President Obama. The order requires the disclosure of labor law violations committed by would-be contractors, and a determination of whether that candidate is satisfactorily responsible and ethical. The order is […]

Company of the Future—One Person and One Dog Are the Only Employee

Friedman, who offered his comments on the future of business and HR at the SHRM Annual Convention and Exposition held recently in Orlando, Florida, says there are two burning questions today: One, What are the big tech changes reshaping our world? and two, How is my kid going to get a job? Middle Class Jobs […]

Are You Training Supervisors to Be Good Bosses?

If your organization has new, or recently promoted, supervisors or managers, see if any of these situations are familiar: “Do you think you might be depressed?” asks the concerned, but untrained, boss. “I didn’t think so,” says the employee, under her breath, “but since you ‘regard me as disabled’ my ADA lawsuit will probably succeed.” […]