ADA

Is ‘doesn’t play well with others’ a disability?

10/02/2013

Some employees are completely unable to get along with others. Sometimes, psychological problems may be at the heart of the trouble and the employee may claim she has a disability that must be reasonably accommodated. Employers don’t have to create jobs as an accommodation, making the only possible option termination.

Cold response to accommodation request puts firm in hot water

10/01/2013

Rose Hill-based House of Raeford Farms faces an EEOC disability discrimination suit after it fired a worker who requested a transfer to accommodate her disability.

When employee has difficult pregnancy, don’t get creative with FMLA, ADA

09/30/2013

Not everyone has an easy pregnancy, birth and recovery. Employers that refuse to recognize this reality and don’t offer accommodations for unusual circumstances face potential liability under both the FMLA and the ADA. What’s more, HR professionals and supervisors may find themselves personally liable for mistakes they make along the way.

Make sure handbook spells out how leave works as a reasonable accommodation

09/27/2013

Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.

Less liability if you knew of disability on hiring

09/16/2013

Some employers worry that hiring a disabled employee increases the chances they will be sued for disability discrimination. Don’t worry needlessly. The fact that you knew the employee was disabled actually helps later if he sues for discrimination.

The clock is ticking: Note exact date employee learned of termination decision

09/06/2013

Former employees have deadlines for filing complaints over their termination or other employment discrimination claims. In most cases, they have to act within 300 days. Missing the deadline means they forever lose the right to sue.

Managing disabilities: Accommodate–don’t dictate

09/05/2013

Too often, accommodating disabilities becomes a power struggle between the employee and the company. But, next time the decision is in your court, just remember this: Employees always have the greatest power of all because they can drag your company’s wallet and reputation into court.

FMLA expired and we haven’t heard from worker: Can we legally terminate?

09/03/2013

Q. One of our employees was injured on the job and has been on leave for almost six months now. Her eligibility for FMLA leave expired a couple of months ago and we haven’t received a response to the notice we sent her stating that her time off under worker’s compensation counts against any leave she may be entitled to. Can she legally be terminated and replaced?

When does a voluntary wellness program become involuntary?

09/03/2013

At what point is the financial incentive to participate in a wellness program or the penalty for nonparticipation so great as to render it involuntary? Perhaps more to the point, how does the EEOC define that tipping point?

Good news for supervisors, HR pros: No personal liability under Title VII

08/28/2013

While some federal and state laws allow employees to personally sue their supervisors or an HR professional, that’s not the case for Title VII of the Civil Rights Act. Only employers can be liable for discrimination covered by that section.

ADA