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Alleging that a supervisor exacerbated an employee’s pre-existing health condition is not a valid theory of liability under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals ruled. The issue of serious health conditions covered by the FMLA causes human resources professionals some confusion. But as the 7th Circuit’s decision in […]
Until recently, Americans with Disabilities Act (ADA) regulations were quite broad in their definition of “service animal,” but that changed earlier this year. Now Maine, which had kept the definition loose in state law, also is tightening up on what constitutes a service animal. Employers must provide reasonable accommodations not only for employees with disabilities […]
Job creation is the economy’s number one problem, but it’s reasonable to predict that not one job will be created because an employee broke his or her leg. That won’t stop some workers from trying, though, as shown in this Americans With Disabilities Act (ADA) case In White v. Interstate Distributor, Co., a fired […]
Note: This very interesting post is by attorney Allison West, principal of Employment Practices Specialists, in Pacifica, Calif. Thank you, Allison for contributing this to our blog. See below for more about Allison, and a Thompson Interactive Webinar she will be giving on this topic. So, what is a religion, anyway? Not surprising, countless religions exist […]
Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]
“I think what we’re going to see is that where there were takeaways or freezes, the money is going to be given back, but not across the board,” says Dorf, who is Managing Director of Compensation Resources, Inc. “Companies are doing it on a much more discrete basis, targeted to those employees who have really […]
Employers’ obligations to provide workers paid time off for organ and bone marrow donation under the state’s labor code were clarified under a bill California Gov. Jerry Brown (D) recently signed into law. Currently, any employee who uses up his or her sick leave may take a leave of absence with pay for as many […]
One of America’s most visible corporations was taken to task for an Americans With Disabilities Act (ADA) violation that stemmed from one branch’s poor management actions. Starbucks Coffee Co. last week agreed to pay $75,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that […]
Pink, author of popular management books including his latest, Drive: The Surprising Truth About What Motivates Us, offered examples of how employers give today’s employees the autonomy they want—and that you need them to have. Is Management an Anachronism? Management is not a God-given mandate, says Pink, it’s a technology from the 1850s. It’s designed […]
Employers are not required by law to prepare an emergency evacuation plan but if one exists, a plan for building occupants with disabilities must be included. Importantly, the Americans With Disabilities Act permits employers to ask employees whether they will require assistance in the event of an evacuation because of a disability. However, the law […]