Tag: EEOC

Q&A on background checks for employment in California

By Chris Ceplenski Sep 3, 2013 HR Management & Compliance

Updated: May 18, 2015

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)

By HR Daily Advisor Staff Sep 3, 2013 Benefits and Compensation

Updated: Sep 3, 2013

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

By Kathryn McGovern Aug 27, 2013 HR Management & Compliance

Updated: Aug 27, 2013

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

By HR Daily Advisor Staff Aug 20, 2013 HR Management & Compliance

Updated: May 18, 2015

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

By Kathryn McGovern Aug 15, 2013 HR Management & Compliance

Updated: Aug 15, 2013

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 […]

How Problematic Patterns Can Ripen Into Lawsuits

By HR Daily Advisor Staff Aug 8, 2013 HR Management & Compliance

Updated: May 18, 2015

Segal is a partner at Duane Morris LLP. He recently listed the mistakes employers most commonly make in investigating discrimination or harassment complaints in a BLR publication, the HR Manager’s Legal Reporter (BLR is CER’s parent company).

8 Steps to Stopping Intermittent/Reduced Leave Abuse

By HR Daily Advisor Staff Aug 6, 2013 Benefits and Compensation

Updated: Aug 6, 2013

Alexis, who offered his intermittent leave tips during BLR’s Advanced Employment Issues Symposium, held recently in Las Vegas, is with the Kinaga Law Firm in Los Angeles. 1. Insist on Complete Certs Make sure the medical certification is fully completed, urges Alexis. As the employer, you are entitled to a complete and sufficient certification document. […]

Q&A on Legally Compliant Background Checks

By Chris Ceplenski Jul 25, 2013 HR Management & Compliance

Updated: Oct 10, 2013

How many years back into the past can a criminal background check go? What is the difference between an investigative consumer report and a regular consumer report? Can you have different screening processes or factors that warrant disqualification for different positions? These are just a few of the questions that were asked by participants in […]

Legal Restrictions on Employee Background Checks

By Chris Ceplenski Jul 24, 2013 HR Management & Compliance

Updated: Oct 10, 2013

Employee background checks are used by an estimated 92 percent of organizations in one form or another before hiring someone. They can be quite useful, but employers should be careful because the EEOC has been cracking down on illegal use of background information. Are you aware of what you should and shouldn’t be doing with […]

AMA says obesity is a disease: What does this mean for you?

By Virginia Employment Law Letter Jul 24, 2013 HR Hero Line

Updated: Jan 7, 2018

by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]