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Employment Law

Get ready now! New ADAAA regs will mean more litigation

04/28/2011
In the two years since the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) became effective, employers have begun to experience its profound impact. Now the regulations for implementing the ADAAA have been finalized. Since courts generally defer to such reasonable administrative interpretations, these regulations will be an important factor in future ADA cases.

Philadelphia approves new Fair Employment Practices Code

04/28/2011
Philadelphia has amended its fair-employment practices ordinance to add three new classes. Now, employers in the city may not discriminate against employees on the basis of any genetic information they may gather, an employee’s status as a victim of domestic or sexual violence, or an employee’s familial status.

Age discrimination claim may bar other claims

04/28/2011
The U.S. Supreme Court has ruled that to prove age discrimination, employees have to show that age was the sole reason for an adverse employment action. That usually means employees can’t claim that other types of discrimination were also in play.

Is employee really disabled? Use common sense

04/28/2011

When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word. Does the condition actually limit the employee in some substantial way?

Can we request a note for all intermittent leaves?

04/28/2011
Q. We have an employee who was approved for intermittent FMLA leave. Can we request that she provide us with a note from her doctor each time she misses work? Or do we have to trust her when she says she had a “flare-up” and couldn’t work?

New ADA regulations = more cases to trial

04/27/2011

The EEOC recently issued long-awaited final regulations to the ADA Amendments Act, clarifying many of the confusing provisions contained in the 2009 law. The final regulations further expand the ADAAA’s goal of broadening the definition of “disabil­ity” under the ADA. As a result, a greater number of employees will be covered under federal disability law and be eligible to file ADA-related claims.

Can we rearrange worker’s hours to avoid OT?

04/26/2011
A new customer demands delivery on a weekend. A crush of work means shifts will have to keep running at unusual hours. Either way, you’re staring down the possibility that you’ll have to pay overtime. Can you legally avoid OT by altering workers’ regular schedules so no one works more than 40 hours in a workweek?

The key is consistency: Similar wrongdoings deserve similar discipline

04/26/2011

While employees who break rules usually expect to be punished, they also expect to be treated fairly. That’s why it’s important for man­agers and HR to strive for consistency in all discipline. Never punish one em­­ployee more harshly than someone else who committed the same infraction.

Jehovah’s Witness gets last ‘ho ho ho’ in Belk case

04/25/2011
The Belk department store chain has agreed to pay a former employee $55,000 to settle her religious discrimination suit. The employee, a practicing Jehovah’s Witness, was fired after she refused to wear a Santa hat during the store’s Christmas promotions.

Goodyear’s defense falls flat, inflates employee’s wallet

04/25/2011
A five-week trial in Cumberland County has ended in a win for a former manager at Goodyear Tire & Rubber Co.’s Fayetteville plant. The jury awarded the employee $450,000 in compensatory damages for retaliation and emotional distress.