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News Notes: Delayed Harassment Claim Thrown Out

In one of the first sexual harassment decisions in California since the U.S. Supreme Court issued new guidelines this summer (see CEA August 1998), an employee who waited almost two years before complaining about being harassed has had her case dismissed. The federal court found the employer had exercised reasonable care to prevent and remedy […]

IRS Ups Deductions for 401(k) and IRA Plans

Starting 2012, savers can sock away $17,000 per year in a 401(k) retirement plan without paying upfront taxes, up from $16,500 in 2010. This increase applies to all 401(k) and 403(b) plans, most 457 plans and the federal government’s Thrift Savings Plan. The last time the IRS raised this elective deferral (contribution) limit was in […]

News Notes: Disability Claim Payouts Reach Record Level

The federal government pulled in a record $49.9 million last year for employees who filed complaints under the Americans with Disabilities Act, an increase of $34 million over the last six years, according to recent Equal Employment Opportunity Commission statistics. Topping the list were HIV-related claims of $10.5 million, followed by orthopedic and back injuries […]

Tip Six: Follow the Certificate

–Hold the employee precisely to the certified time off. For example, if the certificate says ‘three one-day absences a month, don’t let the employee take 1 three-day absence. If required time off changes significantly, require a new certification. Go to Tip Seven

More Employers Conducting Background Checks

According to new figures from ADP Employer Services 2005 Screening Index, employment background checks were up by 12 percent in 2005 over the previous year. ADP reports that it conducted 4.86 million background checks in 2005, compared to 4.3 million in 2004. Forty-nine percent of the 2005 checks revealed a data inconsistency in education, employment, […]

EEOC Proposes Rules Defining ‘Reasonable Factor Other Than Age’

The Equal Employment Opportunity Commission (EEOC) has proposed regulations that would define “reasonable factor other than age” under the Age Discrimination in Employment Act (ADEA). The need for these rules arises in the wake of the Smith v. City of Jackson decision, a 2008 U.S. Supreme Court case in which the Court addressed the appropriate […]

Employers Must Consider Transferring Employees Who Require Specialized Medical Care

Employers must consider transferring employees with disabilities so they can be close to medical care, the 10th U.S. Circuit Court of Appeals ruled in Sanchez v. Vilsack (No. 11-2118 (10th Cir. Sept. 19, 2012)). Clarice Sanchez worked as a secretarial employee for the U.S. Forest Service. When she fell at work, she sustained brain damage […]