Tag: ADA

Using Attendance Policies to Minimize Chronic Absenteeism at Work

by Joseph C. Pettygrove Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday […]

Express Yourself! Employers Must Give Women Breaks to Breastfeed

One of the odder add-ons to the health care reform law requires employers to provide nursing mothers with unpaid “reasonable break time” each work day to express breast milk for up to one year after a child’s birth. Section 4207 of the law amends the Fair Labor Standards Act (FLSA) to require employers to provide […]

EEOC: Clarity on Wellness Incentives under GINA; Tongue-tied on ADA

The U.S. Equal Employment Opportunity Commission (EEOC) once again refused to a take a position on whether employers may use financial incentives to encourage employee participation in wellness programs — without violating the Americans With Disabilities Act (ADA). In an informal opinion letter from the EEOC’s Office of Legal Counsel, the commission assured employers that […]

Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

Converting to a cash balance plan is risky business

Companies that move from pensions to a cash balance plan can benefit by avoiding the risk of market volatility, but they should explain all aspects of the switch to employees and be careful not to violate the prohibition against age discrimination. When cash balance accounts replace retirement pensions, employees can be highly sensitive to the […]

Verizon ADA Settlement: More on leaves of absence as reasonable accommodation

Now that the dust is settling over the nationwide class-action disability discrimination lawsuit Verizon settled with the EEOC, we at the SmartHRManager blog wanted to ask HR professionals what this settlement means to their companies. To help you answer that question, take a look at the consent decree’s corporate improvement plan, which highlights what Verizon […]

Verizon to Pay $20 Million in Largest ADA Settlement

In the largest disability discrimination settlement in U.S. Equal Employment Opportunity Commission history, Verizon Communications has agreed to pay $20 million to hundreds of employees. The settlement resolves allegations that the company violated the Americans With Disabilities Act by implementing an unlawfully rigid attendance policy. Verizon denied reasonable accommodations to employees and disciplined and/or fired […]

SHRM 2011: Employees’ Friends and Family Can Land You in Hot Water, Too

Before terminating or taking any other adverse action against an employee, employers must consider not only whether the employee is in a protected category, but also whether the employee’s friends or family are, too. Lawsuits alleging discrimination or retaliation by association appear to be on the rise, an attorney warned attendees at the Society for Human Resource […]