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ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?

By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]

A Case of Mistaken Disability Costs California Employer

By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]

Learning from Orlando: addressing potentially violent employees

In the nine days since Omar Mateen opened fire in the Pulse nightclub, killing 49 individuals and injuring several others, a report surfaced that Mateen’s violent nature and potential to do harm to others was readily apparent to at least one of his co-workers. According to the Los Angeles Times, Daniel Gilroy, who worked with Mateen for about a year as […]

Jenner, Dolezal, and the transformative debate

The names Caitlyn Jenner and Rachel Dolezal have been inexorably intertwined over the last couple weeks by the mainstream media and social pundits, including a debate as to whether these two individuals’ circumstances should even be intertwined because they represent entirely different discussions regarding social justice and identity. As most know, Caitlyn Jenner, formerly known […]

Managing the Millennials in the Workplace: Part 2

by Stephen J. Stine Last week, we examined who the Millennials (members of Generation Y) are and tips for managing them in the workplace. This week we’ll look at some of the challenges they present to employers and how to deal with them. Audio Conference: Are You Ready for the Millennials? What HR Needs to […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]

Give Your Training a Helping Hand

Trainers might inadvertently send the wrong message based on their “hand behaviors” (i.e., how they hold their hands and what they do with them during training), says Guila Muir, a trainer of trainers, facilitators, and presenters and author of Instructional Design that Soars: Shaping What You Know into Classes that Inspire (www.guilamuir.com/kite-book). “The good news […]

News Notes: Home Depot Socked With Big Retaliation And ADA Verdict

An Oakland jury has ordered Home Depot to shell out almost $1.7 million for retaliating against an employee who complained about sexual harassment and failing to accommodate her under the Americans with Disabilities Act. Denise Restivo, a computer systems coordinator, was demoted and transferred after charging that managers made sexual remarks and mocked the company’s […]