Practical HR Tips, News & Advice. Updated Daily.
2017 is a year of uncertainty for the HR sector. Absence and disability management professionals are no different. A new president and Congress are sure to institute laws and regulations that make changes great and small. At the same time, states and localities continue to make their own legal and regulatory changes, especially around paid leave.
by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]
At a credit union in Indiana, employees reported that their CEO had recently become “disorganized, forgetful, and confused.” He seemed disoriented and lost, they said.
by Michael J. Modl Your employee tells you that she has a disability that has resulted in limitations on her ability to perform certain job duties. She asks for a reasonable accommodation and even has a couple suggestions. What is your obligation to meet with her to discuss her limitations and possible accommodations? What happens […]
by Martin J. Regimbal The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.
Usually, an employee bears responsibility for informing her employer that she requires a workplace accommodation. But sometimes, when an employer is aware that the worker needs assistance, it must accommodate even if the employee never asks for help.
We recently looked at some issues that arise when the Americans with Disabilities Act (ADA) and leave laws overlap (see ADA Leave Issues: Attendance Bonuses, COBRA, and More). Today, we’ll address some common misconceptions about the law.
By Jennifer Asbrock, JD, Frost Brown Todd LLC It’s no secret that employment lawyers avoid suing Kentucky employers in federal court because of the “employee-friendly” dismissal standard in state court. Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price […]
What happens when an employee is out on job-protected leave and an employer realizes that everything keeps moving along just fine without him or her or that his or her duties shouldn’t really take 40 hours per week? The U.S. District Court for the Central District of California recently had to decide just that.
We have an employee that was in a minor car accident last month and has used up all of her paid time off (PTO). She is working on the paperwork for short-term disability (STD) as she has filled her elimination period. She will not show the employer the application. Is she obligated to if the […]