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Often, employees who believe they were fired because of their disability will show that they were replaced by an individual without a disability as evidence of discrimination. In one recent case, however, a district court has allowed a case in which a deaf teaching assistant — who was replaced by another deaf individual — to […]
To prevent the consequences from imprecise employee handbook language, employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]
An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]
The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor on BLR’s human resources team. Clarifies that, for the purposes of leave for childcare and school activities, the child must be the military member’s child or a child for whom the military member stands in loco […]
Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]
The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]
Furthermore, Morris adds, your wellness program may get way more important under the Affordable Care Act. Morris, who specializes in benefits, is a member of the firm Epstein Becker Green in its Washington, D.C., office. Wellness Is Popular, But Hard to Define A recent survey found that 70.3 percent of 539 employer respondents reported offering […]
Two employers entered into settlement agreements with the U.S. Equal Employment Opportunity Commission in February after the federal agency alleged the companies had violated the Americans with Disabilities Act. Both employers, the commission said, fired employees who were entitled to leave as accommodations for their disabilities. The first involved Doneen King, an employee with the […]
The “2012 NCSA/Symantec National Small Business Study” (www.staysafeonline.org/stay-safe-online/resources) was conducted by the National Cyber Security Alliance (NCSA) and Symantec. The study found that 87 percent of small businesses have at least one employee who uses the Internet daily. In addition, 70 percent of owners/operators of small- and medium-sized businesses (SMBs) in the United States indicated […]
Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report. During FY 2012, the Commission again received nearly 100,000 charges, with the past 3 years involving a record number of charges in the Commission’s 47-year history. Since FY 2006, there […]