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By Michael E. Barnsback That was the question we received at the conclusion of the ADA Compliance Virtual Summit, which I conducted with Audra Hamilton on June 15, 2011. The question was reasonable after conference participants learned that the Equal Employment Opportunity Commission’s (EEOC) new regulations emphasize that the focus of the Americans with Disabilities […]
The U.S. Equal Employment Opportunity Commission (EEOC) once again refused to a take a position on whether employers may use financial incentives to encourage employee participation in wellness programs — without violating the Americans With Disabilities Act (ADA). In an informal opinion letter from the EEOC’s Office of Legal Counsel, the commission assured employers that […]
On May 31, the Eleventh U.S. Circuit Court of Appeals upheld a lower court’s decision awarding $923,656 in back pay to a terminated employee of the Federal Railroad Administration (FRA), an agency of the U.S. government. The decision shows the damages available to employees that prove retaliation based on the filing of an Equal Employment […]
Now that the dust is settling over the nationwide class-action disability discrimination lawsuit Verizon settled with the EEOC, we at the SmartHRManager blog wanted to ask HR professionals what this settlement means to their companies. To help you answer that question, take a look at the consent decree’s corporate improvement plan, which highlights what Verizon […]
In the largest disability discrimination settlement in U.S. Equal Employment Opportunity Commission history, Verizon Communications has agreed to pay $20 million to hundreds of employees. The settlement resolves allegations that the company violated the Americans With Disabilities Act by implementing an unlawfully rigid attendance policy. Verizon denied reasonable accommodations to employees and disciplined and/or fired […]
How’s this for an illustration of how quickly developments can pop up that may require you to revise your employee handbook? Speaking at the Society for Human Resource Management’s annual conference today, Christine V. Walters discussed a new ruling only five days old, in which a federal appeals court held that an overly broad confidentiality policy […]
By Lauren M. Cooper A much-debated issue is whether you may lawfully require employees to speak only English in the workplace. The simple answer is yes. This article will address the circumstances in which you may legally enforce an English-only policy and the potential legal risks that follow. Status Quo Ante Employers increasingly ask employees […]
“I want to fire him, but I can’t.” It’s true that some employees are “fire-retardant”— they are in a protected class or have performed a protected act — but this doesn’t mean you can’t fire them.
To alleviate confusion among employers, the U.S. Equal Employment Opportunity Commission said it plans to clarify and update its guidance on leave as a workplace accommodation. In a June 8 meeting, commissioners offered their insight and took suggestions from stakeholders. “I’ve been told that many employers have difficulty with leave as an accommodation,” said Stuart […]
Want to learn more about the use of leave as an accommodation under the Americans With Disabilities Act? The U.S. Equal Employment Opportunity will discuss the topic at a meeting next week. In implementing and enforcing the ADA, the commission makes clear that leave may be a required workplace accommodation for employees with disabilities. In […]