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FMLA and ADA Interplay Part I: Basic Statutory Obligations

Although the legal requirements of the FMLA and the ADA are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know which law takes precedence, or “trumps,” the other.  Read […]

Why Wait for the EEOC? Expert Clarifies ADAAA Requirements

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon. To understand the reasons for the delay and how it may affect employers, we spoke with […]

Accommodation Was Not Reasonable, So ADA Lawsuit Against Law Firm Fails

A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability to do so could not reasonably be accommodated, the 4th U.S. Circuit Court of Appeals […]

Inflated Ratings Bring Legal Woes—Guaranteed

Yesterday’s Advisor featured the Four Ms of setting good appraisal goals; today, legal pitfalls in appraisals, plus an introduction to a unique leadership training system. Because poor performance is often advanced as the reason for a termination, the performance appraisal system is often the crux of the defense against a wrongful termination suit. Here’s how […]

8 Best Practices for Fending Off EEOC Investigators

EEOC is rattling its unconscious/systemic discrimination saber—and if they target you for an investigation, it’s going to be expensive and annoying, whether you are innocent or guilty. Here are 8 steps you can take to forestall the attack. What are the best practices for keeping the EEOC at bay in a time they’re begun to […]