Practical HR Tips, News & Advice. Updated Daily.
A federal appeals court in Tennessee recently upheld an order dismissing a former teacher’s disability bias lawsuit, finding his failure to engage in discussions with his employer over alternative accommodations doomed his claim. The teacher alleged the school board had unlawfully refused to let him continue working from home after the district returned to in-person […]
The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to qualified individuals with a disability. When employees request an accommodation, employers are required to engage in an interactive dialogue with them to determine whether the requested accommodation is reasonable and aimed at assisting the employees in performing their position’s essential functions. Employers […]
The COVID-19 pandemic caused a significant shift worldwide on how we think about remote work and work-from-home policies. Return-to-office (RTO) policies, whether full or part time, have become a hot topic for many companies. RTO policies—which are meant to be beneficial for companies and employees—have sparked a somewhat unexpected result: an increase in discrimination claims […]
Question: We have an employee whose essential functions require the use of their hands. They have requested an accommodation, and their physician has recommended a few weeks of time off until specific medical restrictions can be determined. What is our obligation to pay this employee during this doctor-recommended leave of absence? Answer: The leave of absence […]
Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and, potentially, the Americans with Disabilities Act (ADA). Employers should also be aware of and follow the Pregnant Workers […]
The Americans with Disabilities Act (ADA) and Massachusetts General Law Chapter 151B (Chapter 151B) both require employers to provide reasonable accommodations absent undue hardship to employees and to engage in an interactive dialogue with those who need a reasonable accommodation. Employers that fail to do so face legal liability. The recent jury verdict in Menninger […]
A recent federal court decision notes that disabled employees or employees with substance abuse problems must comply with an employer’s policies and meet reasonable performance standards. Stephen Drizos, a long-term employee and financial advisor for PNC Investments, suffered from alcoholism. Some years after he began his employment, his alcoholism started to impact his attendance at […]
We all know the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid medical leave to care for a serious medical condition of the employee or the employee’s family member. Despite the fact the FMLA is celebrating its 30th anniversary this year, employers are still grappling with its […]
Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing any potential claims against the company. The goal is to avoid an existing or potential dispute, claim, or lawsuit. But if companies don’t routinely review […]
When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s health condition but doesn’t pose the operational challenges the employee’s requested accommodation would cause. That’s the route UPS took with one of its […]