Tag: ADA

Prohibited employer actions under ADA/FEHA

Ensuring that disabled employees are not discriminated against is one of the goals of both the Americans with Disabilities Act (ADA) and California’s Fair Housing and Employment Act (FEHA). This goal is accomplished through not only defining what it means to be disabled and what must be done to accommodate those with disabilities, but also through specifically outlining the actions that employers cannot take without violating the law.

Employer Needn’t Hire Assistant as Reasonable Accommodation

An employer was not required to provide a full-time assistant to a worker with disabilities as an ADA accommodation, the 11th U.S. Circuit Court of Appeals has reaffirmed in Williams v. Revco Discount Drug Centers, Inc., d.b.a. CVS Pharmacy, Inc., No. 13-11673 (11th Cir. Jan. 14, 2014). Weldon Williams, a CVS pharmacist, filed suit against […]

ADA and FEHA: What are the differences in coverage?

“Knowing when an employee may be entitled to take time off for medical reasons or whether an employee’s entitled to some type of accommodation for a disability can be very, very confusing—especially for the people on the front lines:your company’s supervisors.” Joseph Wilson pointed out in a recent CER webinar.

Quell Compassionate Impulses—Or Face ‘Regarded As’ Claims

In yesterday’s Advisor, we covered Attorney Franck Wobst’s key things to include in documentation. Today, things not to include, plus an introduction to a timely BLR Bootcamp on performance management. The Two Problems Fentin, who is a partner in the Springfield, Massachusetts, law firm Skoler, Abbott & Presser P.C., points out the two poles of […]

Compassionate Impulses—Understandable, But Dangerous

The Two Problems Fentin, who is a partner in the Springfield, Massachusetts, law firm, Skoler, Abbott & Presser P.C., points out the two sometimes opposing desires of dealing with employees with chronic illnesses: Supporting the employee with chronic illness, and Managing the employee with the chronic illness. Balancing these two needs isn’t easy, Fentin admits. […]

Train Supervisors to Explain 401(k)s

Because 401(k)s are such an important benefit, employees are likely to have many questions about how the plan works and how they can make their money grow. Your supervisors should be able to field basic questions about your 401(k) plan and help employees learn what they need to know to make informed investment choices and […]

Essential Job Functions as a Component of ADA Compliance

Well-written job descriptions can be a key component to ADA compliance. This is because the essential functions of the job come into play when determining reasonable accommodations for disabled individuals. This connection highlights the importance of really thinking through the essential functions and keeping them updated for every position. Let’s take a look at some […]

Proposed Law Would Institute Paid Family/Medical Leave

Congress has proposed a bill that would provide up to 12 weeks of paid leave each year to qualifying workers for the birth or adoption of a new child, the serious illness of an immediate family member, a worker’s own medical condition, and/or for specific military caregiving and leave purposes. The Family and Medical Insurance […]

Four T’s for Dealing with That ‘Tough Nut to Crack’

With difficult, loud people, ask, Why is he or she so difficult? Maybe my thought is that this person is insecure, so I change my behavior, things change for the better, and the other person takes the credit. But there’s the beginning of a relationship. Four Ts of Crucial Connections To work on difficult relationships, […]

Do You Train Supervisors Not to Make These 6 Common Mistakes?

Supervisors play a particularly critical role in compliance. They must be familiar and comfortable with organizational policies and with employment-related laws. They have to adhere carefully to proper and legal practices, and ensure that their employees do the same. But they also have to get things done. You’re asking quite a lot of your supervisors. […]