Tag: EEOC

Be Careful When Training Older Generations

Today’s Advisor contains answers from our “Ask the Expert” feature on HR.BLR.com.. The question is, “Is it permissible to exclude employees from training if they are expected to retire soon?” Here is how our expert responded: Especially in light of the economy, it is understandable that an employer would want to invest its training dollars […]

When is Cancer a Disability?

Is cancer considered to be a disability when it comes to ADA protections? The short answer is yes. The longer answer will depend on the specific circumstances of the employee. So, when is cancer a disability? It will be when: Cancer or its side effects substantially limits one or more of a person’s major life […]

EEOC Sues Popeye’s for Failing to Hire Applicant with HIV

A Popeye’s chicken franchise refused to hire a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission has alleged in a lawsuit. Famous Chicken of Shreveport, LLC, a company that owns several Popeye’s Chicken restaurants, violated the Americans with Disabilities Act, the EEOC’s suit alleges. The general manager of a Longview, Texas, […]

How does AB22 affect credit checks in California?

Employers in California – and employers doing business in California – need to be aware of a new law that took effect January 1, 2012, that changed the way employers conduct employment credit checks in California: Assembly Bill 22 (AB 22). AB22 regulates the use of credit report checks of job applicants and current employees by employers for employment purposes and requires certain written notice to the consumer of the specific reason for obtaining the report.

Q&A on background checks for employment in California

Do state laws that require licensing – which often includes deep background screening – trump federal laws that limit background checks?

Can employers utilize information obtained from sources like Megan’s Law websites? (Megan’s Law is a commonly-used term for laws that relate to the creation of sex offender registries for public knowledge. Megan’s Law websites could be any site that lists sex offenders.)

What happens if a recently-hired employee talks about crimes committed that were not explored at the time of the application process?

Why Does Sandy Get to …? (Caution: Don’t Answer)

It’s a tough situation when a coworker asks, “Why does Sandy get to do that?” and “that” is an accommodation you’ve made for Sandy’s disability. But you can’t discuss the disability, says Trainor. Trainor, who is senior managing editor at BLR®, was joined in her presentation at the Human Resources Leadership Association in Mystic, Connecticut, […]

Contractors Must Implement Hiring Goals for Workers With Disabilities, Veterans

Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]

How to Deal with Depression and Work Restrictions: Give the Doctor a Note

In requesting documentation to back up an accommodation request, employers should specify what types of information they are seeking regarding the disability, its functional limitations, and the need for reasonable accommodation. The employee can be asked to sign a limited release allowing the employer to submit a list of specific questions to the healthcare professional.

EEOC Says FBI Must Reconsider Special Agent With Vision Impairment

The U.S. Department of Justice discriminated against an individual with a disability in its hiring process, in violation of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission has found. EEOC determined that DOJ ran afoul of the law, which prohibits disability discrimination by entities receiving federal funds, when it rescinded a conditional […]