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

Employment Law

Give disabled workers a job, not a promotion

11/09/2009

Occasionally it’s impossible to find an accommodation that will allow a disabled employee to continue to do her current job. That’s when employers must consider the possibility of transferring the employee to an open job she can perform. That doesn’t mean, however, that employers must give a promotion to the employee if the only open position is higher up.

What’s a disability? New EEOC regs explain ADA Amendments

11/09/2009

The EEOC has finally issued 93 pages of proposed regulations explaining how employers should implement the ADA Amendments Act (ADAAA), which took effect on Jan. 1. The ADAAA expands the definition of “disability,” allowing many employees to be protected under the ADA for the first time.

Be ready to explain male/female pay disparity—dating back to the time salaries began to diverge

11/09/2009

Since Congress passed the Lilly Ledbetter Fair Pay Act, employers have again been in the position of having to defend paying men and women differently—and sometimes that means going back many years, to the time when pay scales began to diverge. If you can’t show a court that the decision you made years ago was legal under the Equal Pay Act, the employee may win.

Employee may be gone, but e-mails requesting ADA accommodations must live on

11/09/2009

Here’s a record-keeping requirement you may not be aware of: Employers must keep any written requests for ADA accommodations for at least one year. That includes requests received via e-mail. If you routinely purge information from computer hard drives or servers when employees quit, are fired or retire, you may be in violation of the requirement.

Treat all pregnant employees equally, regardless of race or ethnicity

11/09/2009

Attorneys seem intent on finding some form of discrimination in every adverse employment decision—and courts seem increasingly inclined to go along. Consider this recent case, in which a pregnant black employee won the right to a jury trial on race and national-origin discrimination based on the allegation that a white pregnant employee was treated better.

Just requesting FMLA leave forms isn’t protected activity

11/09/2009

Employees who request FMLA leave can’t be punished for doing so. That would be retaliation and interference with the right to leave. But merely asking about FMLA leave or requesting paperwork isn’t enough to form the basis of an FMLA claim.

Justify why some got training, while others didn’t

11/09/2009

Training opportunities at work must be available to all employees regardless of race, ethnicity, religion and so forth. That doesn’t mean, however, that everyone who wants to take a particular training course must get the opportunity. Employers can base training opportunities on the critical need for some employees to get the training.

How you can be sued for bias even if you don’t discriminate

11/09/2009

A New York City broker of apartment rentals and sales may face legal liability for alleged age bias—not because it discriminated, but because its independent contractor did. It’s a cautionary tale for any organization that outsources hiring.

The New York State Labor law amendments you need to know

11/09/2009

Despite a summer of political circus distractions in Albany, the New York Legislature continued to crank out laws that further regulate New York employers. Here are some recent changes to New York State laws that you need to take into consideration.

Offering extra leave beyond FMLA? You don’t have to extend job return rights

11/09/2009

Employees who take FMLA leave are entitled to be reinstated to their jobs if they return to work when their 12 weeks off expire. But many employers provide additional time off. But if employers grant that additional leave, they don’t have to reinstate the employee to the same or an equivalent position when she returns.