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Employment Law

Disability isn’t a free pass to insubordination; enforce behavior rules with all employees

08/20/2009

Some employees with genuine disabilities may think they can use their physical or mental conditions as an excuse to break workplace behavior rules. They can’t. As long as those rules are clearly explained and enforced equally, you don’t have to listen to my-disability-made-me-do-it excuses. You can lower the boom.

Avoid the ‘D’ word: Never mark ‘disabled’ on personnel files

08/20/2009

A key part of the ADA is the so-called “regarded as” rule. Essentially, it says that if your organization treats an employee as if he or she is disabled, then the employee earns the job protections provided under the ADA—even if he or she isn’t truly disabled. What does it take to “regard” someone as disabled? It can be as simple as jotting “disabled” on an application or employee paperwork.

Lessons from the Courts: Sept. 2009

08/20/2009

Discipline one day after complaint? See you in court … Obscure terms could trigger race-bias suit … Teach front-line staff how to handle legal papers … Employees can have more than one "employer" … Employee is her own lawyer? Don’t pull punches.

More courts lose patience with frivolous claims; they’re asking failed litigants to pay up

08/20/2009

There’s one silver lining to the rapid growth of employment lawsuits: Courts are losing patience with the rising number of applicants, employees and former employees who file suits that have no basis in reality. Increasingly, courts are approving sanctions against such employees and their attorneys.

Understand Islam to gauge your duty to accommodate religious practices

08/20/2009

Conflicts over religious accommodation in the workplace have spilled over into the courtroom, as more and more employees try to force employers to bend work schedules to fit their religious practices. It’s no longer just a question of whether employees are entitled to a day off on the Sabbath. In an increasingly diverse workplace, Islamic practices are spurring more litigation.

Congress, EEOC look into tightening age-bias law

08/20/2009

Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.

Reminder: Sept. 30 is deadline for EEO-1 report

08/20/2009

In an effort to track employment of minorities and females in the workforce, the EEOC requires certain employers to complete and file an Employer Information (EEO-1) Report by Sept. 30 of each year. You can file the report online at www.eeoc.gov/eeo1survey. 

DOT rule calls for direct observation of drug tests

08/20/2009

If you have transportation workers in safety-sensitive jobs, take note: New U.S. Department of Transportation (DOT) rules kick in Aug. 31 that affect return-to-work drug tests given to employees who previously tested positive or underwent drug rehab.

New EEOC guide could spur severance-plan gripes

08/20/2009

Departing employees who are asked to sign severance packages now have a new tool to discover if those packages comply with federal law. The EEOC just unveiled a new guidance document that is expected to cause more people to question their severance packages—either to HR or to a court.

The 7 biggest triggers to age bias claims … and how to avoid them

08/20/2009

The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up: