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Disability Bias: Disability-Based Misconduct Is Part of Disability, Says Court

The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]

New Bill Would Require DOL to Follow its Own Rules

A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]

News Notes: County Not Co-Employer Of Courtroom Employee

When court secretary Alice Jones sued the Los Angeles Superior Court and the County of Los Angeles for harassment, the county asked to be let out of the lawsuit, arguing that it wasn’t her employer—the Superior Court was. A California appellate court agreed, ruling that the Superior Court was Jones’ sole employer because it appointed […]

National-Origin Discrimination, Part 1: EEOC Issues New Guidance; What You Need to Know

Because of increasing diversity in the workforce—and a spike in discrimination complaints since the events of Sept. 11, 2001—taking steps to avoid national-origin bias is more critical than ever. Now, the U.S. Equal Employment Opportunity Commission has released updated guidelines to help employers understand the prohibitions against national-origin discrimination and to suggest best practices for […]

If There’s a Sneaky Way Around a Tech Policy, Your Employees Will Find It

Make sure your employees know the “whys” behind your tech policies. Otherwise, they’ll find ways to work around them — and may even bring your system down in the process. According to Lisa Guerin, author of Smart Policies for Workplace Technologies, you must explain the policies you write about technology. If your employees don’t see […]

Immigration: Court Postpones No-Match Rule

Several weeks ago, we reported on a new rule issued by the Department of Homeland Security (DHS) describing the steps an employer must take when it receives a “no-match” letter from DHS or the Social Security Administration. The regulation was slated to go into effect on Sept. 14, 2007.

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) […]

Supreme Court Hands Down Retaliation Decision

by Peter Panken On June 22, the U.S. Supreme Court decided an employment retaliation case in which it held that any action by an employer against an employee, applicant, or even a former employee constitutes unlawful retaliation if the action would deter a reasonable employee from filing a discrimination charge against an employer. Retaliation cases […]