Practical HR Tips, News & Advice. Updated Daily.
By Timothy M. Barber The Equal Employment Opportunity Commission (EEOC) recently sued an employer in New Orleans, Louisiana, claiming it violated the Americans with Disabilities Act (ADA) by firing a woman because she was obese. In the past, an employee’s obesity didn’t constitute a “disability” within the meaning of the ADA. However, in light of […]
When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]
Yesterday’s CED offered tips about giving references. Today’s we look at tips for handling other types of requests, such as subpoenas and financial data, again courtesy of BLR’s SmartPolicies program.
In yesterday’s Daily, we covered the first six of attorney Barbara Meister Cummins’ Top 10 ways managers beg employees to sue. Today, quotes seven through ten, plus we’ll introduce a unique guide for the tricky maze of California leave laws.
by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]
Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]
by Susan Fahey Desmond Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP). Also, beginning January 12, 2014, any employer who employed an average of 50 […]
by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]
by Gary Jiles Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law? Americans with Disablities (ADA) Compliance Manual A: The employee must be qualified to do his job or he faces termination. With a few exceptions, the latest […]
Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]