Tag: disability

Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

The Injury

Litigation Value $ 30,000 (or if Dwight’s injuries are permanent, then $500,000) I don’t know whether a concussion suffered when rushing off to “save” your boss after he burns his foot on a George Foreman grill would be considered a workers’ compensation injury, but if it is, Dunder Mifflin (or, more accurately, their insurance carrier) […]

Disabilities: How Should We Deal With an Employee We Think Is Mentally Ill?

We have an employee with what I think are mental health problems. The person has angry outbursts—not violent exactly, but pretty wild when they happen. My question is, how do we approach this person? I don’t think I should be saying, “Hey, I think you have manic depression,” but I don’t know what approach is […]

Drugs & Alcohol: Do I Have to Interview an Applicant Who Takes Medical Marijuana?

One of our current employees has referred a friend for employment under our employee referral program, which rewards employees who refer applicants if we end up hiring them. The employee mentioned that the friend uses marijuana for medical purposes. I don’t really want to consider this person because we are a drug-free workplace, but I’m […]

Discrimination: EEOC Says Job Bias Complaints Are Up

The U.S. Equal Employment Opportunity Commission (EEOC) has reported that it received 75,768 discrimination complaints against private-sector employers in 2006, up from 75,428 complaints in 2005. The increase is the first since 2002, and complaints alleging pregnancy discrimination and sexual harassment of men hit all-time highs. All charge categories edged up from 2005 figures, with […]

Leave Management: How Do We Handle Benefits for Employees on FMLA?

Our office pays a set amount for employee health benefits. Expenses beyond that amount (generally spouse and/or dependent coverage) are the employee’s responsibility and are deducted from the employee’s paychecks. If an employee is out on pregnancy leave or FMLA and there are no paychecks from which to deduct the employee share of the premium, […]

Hiring: Can We Reject an Applicant with a Large Scar?

We have a delicate situation that comes up from time to time. We hire service representatives for work at our customer service desk. We want to be fair in our hiring, but last week we had someone with a large scar on her face apply. We’re concerned that our customers will be put off by […]