Time’s Up: Employee’s Performance Issues Complicated by Serious Illness
A struggling employee’s cancer diagnosis complicated her performance issues. Can the employer terminate the employee for her performance issues while she’s undergoing treatment?
Tag: ADA
Pregnancy Accommodation: A Q&A with Susan Fentin
The EEOC just settled a case against a convenience store chain operator with stores in Texas and New Mexico for a whopping $950,000. The EEOC claimed the company had discriminated against pregnant workers by subjecting them to different working conditions—and also told the workers they would not have been hired had the company known about […]
When an Employer Overshares About a Pending ADA Lawsuit, the EEOC Gets Involved
In the following case, oversharing put an employer in hot water with the Equal Employment Opportunity Commission (EEOC) and created more legal headaches than the original Americans with Disabilities Act (ADA) charge brought by a former employee.
Ways to Help Employees with Anxiety or Depression
When employees are struggling, there are a lot of ways the employer can impact the situation both positively and negatively. We all know that mental health is a critical component of overall health, and mental health concerns among employees can quickly become problematic. It is in everyone’s best interests for employers to be supportive and […]
How to Avoid Disability Discrimination in the Hiring Process
Under the Americans with Disabilities Act (ADA), it’s illegal to discriminate against an individual on the basis of his or her disability. This discrimination protection extends to anyone who is assumed to have a disability and also to those who associate with others who have a disability. This protection extends who not only employees but […]
Connecticut’s Workplace Protections for Medical Marijuana Trump Federal Law
Employees and job applicants are now further protected from employment discrimination based on their legal use of medical marijuana under Connecticut state law. Recently, a federal district court judge determined that marijuana’s illicit status under federal law doesn’t preempt Connecticut’s explicit workplace protections for the use of medical marijuana.
A Talent Pool That Many Companies Neglect: Employees with Disabilities
A first-of-its-kind study published by the Center for Talent Innovation (CTI) finds that far more people than expected have a disability: 30% of college-educated employees working full-time in white-collar professions in the U.S.
Listen Closely! 5th Circuit Court Hears Stuttering Employee’s ADA Claims
In a recent decision, the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—addressed claims brought under the Americans with Disabilities Act (ADA) by an employee who had a noticeable stutter. The employee alleged his employers failed to accommodate his disability and subjected him to a hostile work environment.
ADA: When Is a Transfer a Reasonable Accommodation?
Massachusetts Gen. L. Ch. 151B is the state statute that prohibits discrimination based on disability, and the interpretation of that statute sometimes differs from the federal Americans with Disabilities Act (ADA). One area where the two statutes diverge is an employer’s obligation to transfer an employee to a vacant position.
Update Your Disability Benefits Claims and Appeals Procedures Before 2018 Deadline
HR employees typically begin planning for next year before autumn of the current year because choices about the next year’s benefits are made months before it begins. Whether you’re making many or few changes to the benefits you offer, your preparations for open enrollment provide a good opportunity to confirm that your benefits plans are […]