Practical HR Tips, News & Advice. Updated Daily.
Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]
By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy. The employer granted the full 12 weeks […]
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 […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]