• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

ADA

Court rejects bid for personal liability under ADA

06/02/2010
Good news for those worried about being on the hook personally for ADA violations: A federal court considering a New York case has rejected an employee’s bid to hold supervisors personally liable for alleged disability discrimination.

In NYC, get ready for 3rd disability standard

06/02/2010
New York City employers may soon find out whether merely being obese is a disability under the New York City Human Rights Law (NYCHRL). That’s because the federal 2nd Circuit Court of Appeals has sent a case back to the trial court for just that determination. If the lower court concludes the NYCHRL does cover obesity, New York City employers will face three standards for disability—the ADA, New York State Human Rights Law (NYSHRL) and the NYCHRL.

Consider shift change as reasonable disability accommodation

06/02/2010

A federal court has held that, under certain circumstances, the ADA may obligate an employer to accommodate an employee’s disability-related difficulties in getting to work. The 3rd Circuit Court of Appeals ruled that changing a part-time employee’s schedule to day shift—because her poor vision made it dangerous for her to drive at night—could be a reasonable accommodation under the ADA.

Intermittent FMLA leave may open accommodation door

06/02/2010

If you approve intermittent FMLA leave for an employee’s serious health condition, you’ll have a tough time arguing later that the employee’s disability means he’s unable to perform the essential functions of his job. That’s because you’ve already shown that periodic absences didn’t interfere with running the business.

Train interviewers to disregard apparent disability

06/02/2010
Employers aren’t supposed to ask about disabilities unless applicants bring them up. That’s to protect disabled applicants from preconceived notions about disability. But ignoring disabilities serves another function: Interviewers can later testify that company policy requires them to consider only qualifications.

Employment law by the numbers: Know which laws you can ignore

06/01/2010

Employers must stay abreast of an alphabet soup of federal laws—ADA, ADEA, FMLA and so forth—each with its own requirements. To comply, you first must know which laws apply to your business, based on the number of people you employ. Here’s how to tell which laws affect your workplace … and which ones you can safely ignore.

Can you fire an employee for threatening suicide?

06/01/2010
Suicide is the 11th leading cause of death in the United States. What should you do if you learn one of your employees brandished a gun and threatened suicide, but a doctor released him back to work? Shouldn’t you be concerned about safety? What other kinds of liability might you face?

Pre-Employment Testing

06/01/2010

HR Law 101: Many organizations use pre-employment tests to screen applicants. But be aware of the risks involved. Unless you can demonstrate that a test measures job-related qualities and fulfills a business necessity, you could be exposing your organization to charges of discrimination …

Bizarre, nonsensical lawsuit? Vigorous response still required

05/28/2010

It doesn’t take much to get a lawsuit started. Sometimes a former employee—or perhaps even a total stranger—will walk into the nearest state or federal courthouse and ask to fill out a complaint form. The court is required to accept it and send it on. Regardless of its apparent merit, respond aggressively to it. If you don’t act, you risk a default judgment.

Waste elimination problems may be ADA disability

05/26/2010
Employees may be disabled under the ADA if surgery or another medical condition forces them to use the bathroom frequently. The condition affects a major life activity—elimination of wastes.