Archives

You say gorilla, I say guerilla

by Mark I. Schickman Political correctness is a moving target in America today—President Donald Trump got elected in part because of his battle against it. But it remains alive and well in broadcast journalism, as ESPN tennis commentator Doug Adler learned earlier this year.    Adler was an All-American tennis player during his college days at […]

A new era in immigration enforcement: what employers should know

by Lori T. Chesser Immigration law used to be something that few people thought about unless a friend or a relative was going through the system. Now, it’s a daily feature in our news and on social media. It’s likely that few of us have missed the news of President Donald Trump’s Executive Orders addressing […]

Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions. Q Why should employers review the EEOC’s mental health guidance?  A If they haven’t already dealt with the issue, many employers will be […]

Even under ADAAA, being ‘ill-tempered’ is not a disability

Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee […]

COBRA

Ask the Expert: COBRA Quandary

Question: I just found out that a former employee near the end of his COBRA election period was in an accident and is currently incapacitated. What are my options administratively if the election period ends and he has not yet elected COBRA coverage?

Mississippi

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.

Heat

Cal/OSHA Intends to Close the Door on Indoor Heat Illness

The California Occupational Safety and Health Administration (Cal/OSHA) has had a heat illness prevention rule in place since 2006; that rule has been revised and updated several times. But, as often as it has been updated and as determinedly as Cal/OSHA has enforced it, the rule has had one huge, gaping hole in coverage: indoor […]