Practical HR Tips, News & Advice. Updated Daily.
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]
Whenever an employee has to miss work due to an injury that was covered under workers’ compensation, it is in everyone’s best interest to get the employee back to work as quickly as possible. Implementing a good “return-to-work” program allows employers to maximize employee productive work time by returning an injured or previously ill employee […]
A job function can be “essential” for Americans with Disabilities Act purposes even if it is rarely performed, recent case law illustrates. To qualify for ADA’s job protections, employees must be able to perform all of their job’s essential functions, with or without a reasonable accommodation. “Essential functions” are defined as the fundamental job duties […]
A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]
With the ADAAA’s final regulations, new physical and mental impairments are considered disabilities, including impairments related to an employee’s mood and emotional state. Bipolar and other mental disorders are now specifically listed in the statute and in the accompanying regulations. Even if it weren’t listed in the statute as a disability, bipolar disorder would clearly […]
Employers in California must comply with a new set of rules that go above and beyond what the federal Americans with Disabilities Act requires. While ADA and its regulations do not explicitly require employers to participate in the interactive process of finding an appropriate accommodation for an employee with a disability, a failure to do […]
A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination. Employers may […]
Seriously, where is Andy Bernard? I’m worried about him. And his relationship with Erin. And Pete too. I’m not sure what a Pennsylvania court might say, but under Iowa law, Andy could presumably fire Pete simply because his girlfriend is attracted to him. See Nelson v. Knight (Iowa 2012) (dentist’s wife forced dentist to fire […]
“Major depression is one of the most common conditions in this country. Estimates are 10 percent of men and up to 25 percent of women will have at least one episode of major depression over their lifespan. That involves depressed mood, lack of interest, lack of enjoyment in usual activities, and a variety of other […]
Regulations requiring federal contractors to implement disability hiring goals will be issued in April 2013, the U.S. Department of Labor announced last week. A year ago, DOL’s Office of Federal Contract Compliance Programs proposed a mandate that would require contractors to aim to have individuals with disabilities make up 7 percent of their workforce. The […]