Practical HR Tips, News & Advice. Updated Daily.
Can you require an annual physical? An alcohol test? A prescription list? Generally, no, no, and no. These and other tricky ADA questions are answered in EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. First of all, remember that there is a difference between applicants and employees, and the rules concerning disability-related inquiries and […]
[Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes. EEOC recognizes that in many cases to it […]
EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]
Legality of Accessing Personal Devices Your company can manage the risks associated with BYOD by adopting policies and agreements that fit your risk tolerance, trust assessment, and regulatory context, says Chapman, who is an associate with DiMuroGinsberg in Alexandria, Virginia and a contributor to Virginia Employment Law Letter. However, she adds, the only way to […]
The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]
Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]
By Kelley E. Kaufman, Esq. These days, the Equal Employment Opportunity Commission (EEOC) is on the lookout for both inflexible leave of absence policies and no-fault attendance policies. While few employers welcome news of a targeted enforcement initiative, the best defense is a good offense. According to the EEOC, the Americans With Disabilities Act requires […]
A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]
The California Employment Law Letter (CELL). is written by Mark I. Schickman, and Cathleen S. Yonahara, both attorneys at the law firm of Freeland Cooper & Foreman LLP in San Francisco. Defining Essential Job Functions Most employers use some form of job description, but many are cumbersome documents that have little practical value because they’re […]