Practical HR Tips, News & Advice. Updated Daily.
Virtually every employer is going to deal with pregnant employees from time to time. Employers want to act in good faith and stay in compliance not only with the ADA and FMLA, but also with the Pregnancy Discrimination Act (PDA). PDA is an amendment to Title VII which specifically prohibits discrimination on the basis of […]
Here is a “Do” and “Do Not” list based on the outcome of 10 claims for interference and retaliation filed by the U.S. Department of Labor or aggrieved employees that the courts have tried in the first four months of 2014. Staying in compliance with the Family and Medical Leave Act and the Americans with […]
An employee’s obesity may be a disability covered by the Americans with Disabilities Act, a federal district court has held. The employer challenged the claim, arguing that the ADA does not cover obesity, but the court disagreed, refusing to dismiss the suit. Joseph Whittaker sued his former employer, America’s Car-Mart, Inc., alleging that the company […]
[Go here for 1. Straight and 2. Hurdle-Rate Profit Sharing] 3. Goal-Driven Profit-Sharing Plans In a goal-driven profit-sharing plan, profits are used to establish an incentive opportunity, but employees also must earn that opportunity, based on achieving other goals. These other goals are broad corporate goals, rather than unit operational goals, which are used to […]
Advantages Funded from profits, so there is low risk for the company. Can be used to supplement company retirement contributions. Can be linked to company objectives other than profit. Provide an opportunity to train employees on financial measures and the operational business factors that affect those measures. Easy to integrate with suggestion plans and other […]
Effective job descriptions are important. Compliance with the Americans with Disabilities Act (ADA) is important. But how are the two tied together? Does the ADA place specific requirements on job description contents? The technical answer to that question is no, the ADA does not impose specific requirements on the job description. But the longer answer […]
By Lura Peterson Having a disabled-friendly HR policy and structure is beneficial to an organization in many ways. Employees with disabilities are as productive as those with no disabilities if they are properly trained. Also, disabled employees give a high return on investment by way of qualifications, high retention rates, and the tax sops provided […]
Continuous Performance Management Is Your Best Potential Defense Always start dealing with the productivity or performance issue, says Eyres. Let the employee bring up the disability. Eyres, who is managing partner of Eyres Law Group, LLP, offered her tips at a recent BLR-sponsored webinar. Consider the following, she says: Employees should not be genuinely surprised […]
An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling. Cynthia Reed, whose position was eliminated and mostly automated just two days after she requested […]
Discrimination Laws The Equal Employment Opportunity Commission (EEOC) Enforcement Guidance 915.002 concerning contingent workers clarifies that staffing firms and employers using contingent workers may not discriminate on the basis of race, color, religion, sex, national origin, age, or disability, nor can they ask the medical questions forbidden by the Americans with Disabilities Act (ADA). Immigration […]