Tag: ADA

Take Extra Care When Firing or Laying Off Disabled Employees

As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as […]

EEOC Develops Best Practices Against Caregiver Discrimination

On April 22, the Equal Employment Opportunity Commission (EEOC) offered employers new guidance and best practices on avoiding discrimination against workers with caregiving responsibilities. The best practices document is available online at www.eeoc.gov/policy/docs/caregiver-best-practices.html and illustrates proactive measures employers can take that go beyond federal non-discrimination requirements. It supplements a 2007 EEOC guidance document on unlawful […]

Practical Job Descriptions Benefit Employees and Employers

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? Employers attorneys get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they […]

Not Discipline, ‘Opportunity to Improve’

Yesterday’s Advisor presented attorney Jathan Janove’s suggestions for dealing with employees who say, “My aberrant behavior was caused by my disability.” Today, we’ll give you more of his tips plus an introduction to a new training option. When you have to move forward with discipline, says Janove, the first thing is to always couch it […]

Disciplining Disabled Employees: What You Need to Know

What can you do when an employee says that the discipline you are about to impose is the result of his or her disability? It’s a delicate spot, but you can manage it, says attorney Jathan Janove. First of all, says Janove, the Equal Employment Opportunity Commission (EEOC) allows employees to be disciplined for violating […]

New FMLA Regs: Holidays, Joint Employers, Pregnancy and More

In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

Ways Employers Can Reduce Workers’ Comp Costs

The gloom of our current economic circumstances should inspire everyone to look for ways to cut costs and streamline operations. One place businesses can start might be the administration of their workers’ compensation program, where expenses can rapidly get out of hand if employers aren’t careful. Here’s a brief checklist of things to look for. […]

Curbing FMLA Abuse

Ask most HR managers what their biggest headache is, and about 90 percent say “FMLA.” From eligibility to notifications to managing intermittent leave, it’s an ever-present problem.

Safety Risks–Can You Require Physicals of All Employees?

Yesterday’s Advisor explored tips for dealing with safety and disabilities. Today, we’ll give you some tips on periodic medical exams for safety-sensitive positions and an introduction to a new wellness system that might help. Thanks once again to expert Lindsay E. Harris, senior counsel at Speer Associates/Workplace Counsel, an employment law and employee relations consulting […]