Tag: ADA

FMLA/CFRA Versus Other Leaves: Key Differences

In a CER webinar titled “FMLA, ADA, and California Workers’ Comp Overlap: Overcoming New Compliance Conflicts,” Jennifer K. Achtert and Todd B. Scherwin outlined some of the differences between the Family and Medical Leave Act (FMLA)/ California Family Rights Act (CFRA) and other leaves. In particular, they compared FMLA/CFRA to the Americans with Disabilities Act […]

The 6 Scary Phrases to Avoid in Appraisals

West, principal at Employment Practices Specialists in Pacifica, California, offered her suggestions at SHRM’s annual conference and exhibition, held recently in Las Vegas. Here are her six scary phrases: 1. ‘You’re overcommitted’ When you say this, the applicant will hear: “Has kids and won’t stay late.” Sounds like discrimination. 2. ‘You lack skills necessary to […]

‘Unique Interactive Process’ for ADA Key to Appeasing EEOC

EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see one-on-one engagement. Caraway, of counsel with Miller & Martin in Chattanooga, Tennessee, joined Dinita James, partner with Ford & Harrison in Phoeniz, Arizona, and moderator Charles Plumb, a partner with McAfee and Taft in Tulsa, Oklahoma, […]

‘Unique Interactive Process’ Key to Appeasing EEOC on ADA

In yesterday’s Advisor, the Advanced Employment Issues Symposium panel offered tips for dealing with an increasingly aggressive Wage/Hour Division; today, the panels advice for dealing with ADA issues, plus an introduction to the leading all-HR-in-one website. EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see […]

A Busy Year for the California Legislature; And Now Employers Must Come Up to Speed

California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws.  Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]

Complying with ADA Regulations for Web Accessibility

Whether engaging in a specific project, such as working with IT to incorporate text-to-speech readers or other assistive technology in your online environment, or carrying out the seemingly simple task of adjusting your hiring and recruiting page, you must be up to date on Web access for disabled employees and applicants. Are you aware of […]

Mental Impairment Accommodation in Action

In yesterday’s Advisor, we got attorney Audra Hamilton’s take on mental disability accommodation. Today, her examples of accommodation in action, plus an introduction to BLR’s popular pre-written policy collection, SmartPolicies. Hamilton’s remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Nashville, Tennessee. Hamilton practices law in Tulsa, Oklahoma. Accommodation Example #1: Depression John […]

The Delicate Dance of Addressing Mental Disabilities

Many mental impairments are hard to spot and hard to diagnose, and employers tend to give mental impairments too much attention or too little, says attorney Audra Hamilton. Mental impairments should be handled exactly the same way as physical impairments are, she adds. Hamilton’s remarks came at BLR’s Advanced Employment Issues Symposium, held recently in […]

Feds Consider Requiring Contractors to Meet 7% Hiring Goal for Workers With Disabilities

Federal contractors will have to meet a 7 percent hiring goal for individuals with disabilities under a U.S. Department of Labor proposal announced December 8.  DOL’s Office of Federal Contract Compliance Programs published a Notice of Proposed Rulemaking (41 C.F.R. 77056) which included, among other things, a mandate that employers aim to have individuals with […]

Your Tracking Nightmare —Multiple Stacking Leaves

What’s Happened in Leave Land? The first challenge is the multiplicity of types of leave entitlements—workers’ compensation, short-term disability, FMLA, Military FMLA, state family leave, paid family leave, and the ADA. The result? Potential stacking of up to 5 or more types of leave, says Southard. The second big factor, she adds, is the explosion […]