Tag: ADA

ADA-protected disability does not excuse sexual harassment

If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]

EEOC’s Confidentiality Requirements Are Too Strict, Court Says

Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what the U.S. Equal Employment Opportunity Commission says, ADA protects only information obtained in response to […]

SPIN Sells CFO on Turnover Tactics

What skills would a good consultant need to sell turnover? Here are the key four, says Ahlrichs, who is owner of ExpertSpeaks, and a consultant and business developer for Gregory & Appel. Think Strategically Always be looking forward over the horizon to where organization is going, says Ahlrich. Anticipate ways to create value for clients. […]

More on Coaching vs Mentoring

Mentoring, on the other hand, is far more personal and friendship-based, offering non-judgmental support as a positive role model and focusing on a mentee’s longer term personal development. The mentor makes suggestions. The relationship is neither formally evaluated nor connected to job advancement but rather to personal improvement. According to Lois J. Zachary, President of […]

Courts Penalize Employer for Denial of Intermittent Leave

When a court determines that an employer has interfered with an employee’s right to leave under the Family and Medical Leave Act, the monetary damages can be quite severe. While awards of front pay, back pay and attorney fees are the usual penalties paid by employers found guilty of FMLA violations, FMLA also requires an […]

Employer to Pay $5M To Settle Inflexible Leave Policy Allegations

An employer will pay almost $5 million to settle claims it automatically fired employees who used 12 weeks of medical leave and were not ready to return to work, the U.S. Equal Employment Opportunity Commission announced Nov. 9. The settlement resolves claims EEOC filed alleging that the automatic termination policy violated the reasonable accommodation provisions […]

Can Reps Make More than Their Managers?

Can reps make more than their managers? Yes, it’s fairly common, says DiMisa, and, in most companies, there’s no limit as long as reps are selling the right products to the right customers. A recent survey by Sibson Consulting found the following: 19% said reps can make more than the CEO 48% said the reps […]

5 Real-World Sales Comp Metrics

DiMisa, who is Senior Vice President, Sales Force Effectiveness at Sibson Consulting, is author of best-selling business book, The Fisherman’s Guide to Selling. He offered his tips during a recent webinar sponsored by BLR and HR Hero. DiMisa suggests compensation pros look at the following metrics: PAR Analysis: Analysis of churn, penetration and acquisition Pay […]

Telecommuting Not Required for Worker With Chemical Sensitivity

While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]

Church Music Director Is Minister, So Court Blocks Employment Discrimination Suit

A Catholic church’s music director is a “minister” and therefore ineligible to bring employment discrimination claims against the Church, the 5th U.S. Circuit Court of Appeals ruled, implementing a new U.S. Supreme Court precedent.  Phillip Cannata worked as the music director for St. John Neumann Catholic Church, part of the Catholic Diocese of Austin. He […]