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Mental Disabilities: New Conflicting Decisions About Loophole In California Law; More Claims Coming?

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 […]

Does ADA Block Swine Flu Inquiries?

Everyone’s wondering what to do about swine flu, although some surveys show that companies haven’t done much yet. When you do act, you could run smack into the ADA if you’re not careful. Among other things, the Americans with Disabilities Act (ADA) regulates when and how employers may require a medical examination or request disability-related […]

Hot List: BusinessWeek’s Best Seller List

BusinessWeek magazine ranks the 15 best selling hardcover and paperback business books in March 2009 and gives a short summary. 1. Outliers: The Story of Success by Malcolm Gladwell. As you’d expect with Gladwell, there are lots of surprises in his explanation of why some people succeed fantastically. Pluck and smarts get less play here […]

Disability Charges and Enforcement on the Rise

Since the enactment of the ADA Amendments Act (ADAAA) in 2009, commentators have been predicting a rise in disability claims. Statistics recently released by the Equal Employment Opportunity Commission (EEOC) show that those predictions have come true. In fiscal year 2011, the number of disability discrimination charges filed under the Americans with Disabilities Act (ADA) […]

U.S. Senate Approves Several Amendments Dealing with Immigration Enforcement

By Hector A. Chichoni On Wednesday, July 8, 2009, the U.S. Senate approved several amendments dealing with immigration enforcement and benefits that were not included in the 2010 homeland security appropriations bill (H.R. 2892) passed previously by the House of Representatives. An amendment introduced by Senator Jeff Sessions (R-Ala) dealing with E-Verify was passed by […]

An HR Bonus for Each Dropped EEOC Charge?

In yesterday’s CED, Hunter Lott of Please Sue Me fame offered his lawsuit avoidance tips. Today, his advice on legal exposure in 2011, plus an introduction to an upcoming event you won’t want to miss.   What percent of charges did the EEOC drop last year? Lott asks. More than 64 percent. “That’s us!” Lott […]

Many Businesses Overlook Onboarding for Freelancers

We’ve been hearing about the tight labor market for some time now. With unemployment at historic lows, we’ve talked a lot about how hard it can be for companies to attract and retain top talent—it’s a seller’s market when it comes to labor.

ACA play or pay: Employer Q&A

Employers making the decision to play or pay under the Affordable Care Act (ACA) have a lot of questions right now because the mandate to provide insurance to full-time employees goes into effect January 2014. In a recent CER webinar, Ashley Gillihan explained some of the factors that employers should consider when making this decision. […]

Supreme Court to Decide if Employers Must Help Pregnant Employees

The U.S. Supreme Court will decide whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees, it announced July 1. The court agreed to review Young v. United Parcel Service, Inc., a case from last year in which the 4th U.S. Circuit Court of Appeals ruled that a corporate policy that does not include […]

Americans With Disabilities Act: Supreme Court Ruling Means Even More Employees May Now Be Entitled To Protection

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 […]