Practical HR Tips, News & Advice. Updated Daily.
An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]
In yesterday’s Advisor, we found out that veganism might be a religion. Today, religious schedule conflicts and accommodation, plus the best way to find out if your managers are following accommodation and other critical guidelines—the HR Audit. The EEOC guidelines state that an employer’s use of inquiries that tend to reveal an employee’s or applicant’s […]
If you thought the Church of Body Modification was stretching the bounds of religious accommodation, now we’ve got veganism to contend with, at least in one courtroom. A recent case in Ohio shows how far religious accommodation may be heading, says BLR legal editor Joan Farrell. In the case, a customer service rep in a […]
Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]
The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]
With March Madness nearly upon us, many employers across the United States will undoubtedly see NCAA basketball tournament ‘brackets’ at their workplace. Are these harmless fun or should employers be concerned? In this video, Mary Drexler, Executive Director for the Connecticut Council on Problem Gambling, tells BLR about the potential ramifications of problem gambling in […]
Yesterday’s Advisor featured attorney Kevin McCormick’s tips for social media sleuthing; today, his take on outsourcing social media searches, plus news of an upcoming free webcast on talent management. Several consumer reporting agencies specialize in social media searches, McCormick says. For example, Social Intelligence. This California start-up is “FTC-approved” in that an investigation was conducted […]
“Social media background checks are a hot item,” says attorney Kevin McCormick, “but I’m not a fan.” Sneaky, Low, Invasive Furthermore, social sleuthing smacks of “Sneaky,” “Low,” and “Invasion,” says McCormick. “One thing I know is what juries like and what they don’t like, and they don’t like that.” Chair of the Labor and Employment […]
An employer may have to tolerate an employee’s constant tardiness if it is caused by a disability, the 2nd U.S. Circuit Court of Appeals indicated March 4 in McMillan v. City of New York, No. 11-3932 (March 4, 2013). The court remanded the case to the U.S. District Court for the Southern District of New […]
A job function can be “essential” for Americans with Disabilities Act purposes even if it is rarely performed, recent case law illustrates. To qualify for ADA’s job protections, employees must be able to perform all of their job’s essential functions, with or without a reasonable accommodation. “Essential functions” are defined as the fundamental job duties […]