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Employers have won a whopping 92% of disability discrimination cases that have gone to trial, according to a new American Bar Association study. Despite the impressive statistics, the Americans with Disabilities Act poses continuing risks for employers. The study did not take into account cases that settled before trial and the high cost of defending […]
HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]
When an employee who has been injured on the job wants to return to work, it can be beneficial to both you and the worker to consider a light-duty assignment. Light-duty positions can keep the employee productive and help reduce workers’ comp costs. But modifying job duties can also present logistical problems and create new […]
It’s a common situation. You send some employees to required continuing education courses after work. Others attend classes simply to learn more about your business or industry. Are the employees entitled to pay for the time they spend in class? Probably not, according to a recent U.S. Depart- ment of Labor opinion. But you might […]
A new publication from the National Institute for Occupational Safety and Health includes recommendations for limiting the negative effects of shift work. Among the strategies covered are scheduling heavy or demanding work when employees are most alert, avoiding quick shift changes and eliminating permanent night shifts. A free copy of the publication “Plain Language About […]
An employee with HIV who wrote on a disability benefits application that he was unable to perform his job can still sue for discrimination, according to a new court ruling. For several years, Wells Fargo Bank had accommodated Andrew Bell by allowing him to telecommute one day a week, but the bank later decided Bell […]
It’s your busiest time of the year, and an employee informs you she needs to travel to Yugoslavia to witness reported visions of the Virgin Mary. If you say no, are you guilty of religious discrimination? According to a new ruling from the federal Court of Appeal, not necessarily. But responding to requests for religious […]
Figuring out your obligations when an employee asks for an accommodation under the Americans with Disabilities Act can sometimes be complex-and risky. There are no black-and-white rules describing exactly what you’re required to do, especially when the accommodation might involve modifying job duties or adjusting work schedules. But a new court ruling helps set some […]
President Clinton’s 1999 budget plan contains new proposals to encourage small businesses to establish pension plans for their employees. Under the plan, employers would receive limited tax credits for up to 50% of certain administrative and retirement education expenses associated with new pension, 401(k), or payroll deduction IRA plans.
Dealing with employees who have emotional or psychological problems can be challenging both personally and legally. And now, handling these issues is trickier than ever in light of two recent conflicting cases on the definition of mental disability. Court Finds Loophole In the first case, brought against Bowersmith Inc. based in the Tulare County town […]