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Genetic discrimination bill takes another step in Congress

04/01/2007

A committee of the U.S. House of Representatives approved legislation last month that would ban employers from collecting genetic information from employees and applicants and prohibit the use of genetic tests when making employment decisions …

Instruct managers: Make and retain interview notes

04/01/2007

If your managers conduct interviews, whether by phone or live, it’s a good idea to remind them to take and keep good notes of those discussions. They’ll need them in case an applicant (or internal candidate) sues …

ADA: AIDS and HIV

03/28/2007

HR Law 101: In 1998, the Supreme Court issued its first ruling on an AIDS-related issue and its first major interpretation of the Americans with Disabilities Act. The justices made it clear that all persons who are HIV-positive, even though they may show no overt symptoms of the disease, are also protected under the ADA …

ADA: Hiring Practices

03/27/2007

HR Law 101: The ADA prohibits employers from asking job applicants questions that may reveal a disability. You should ask only about the person’s ability to perform a job’s essential functions …

How to handle disabled applicants who bring a ‘Job coach’ to the interview

03/01/2007

In many states, vocational programs pair disabled residents with “job coaches,” who help them find appropriate work and adapt to those jobs. Since the ADA also requires employers to make reasonable accommodations during the hiring process, make sure job coaches are welcome in your interviews …

Asking applicants about age: When is it legal?

03/01/2007

Q. I work as an HR generalist at a large hospital. My supervisor told me to ask a certain applicant for her date of birth during the hiring process. Isn’t it illegal to ask for an applicant’s birth date? —K.G., Philadelphia

‘Hello, Liability?’ The new trend of telephone testing

03/01/2007

Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating …

The Dirty Dozen: Manager mistakes that spark lawsuits

03/01/2007

Lawsuits by employees against their employers have grown tremendously in the past decade. Sometimes those lawsuits have merit, sometimes they don’t. Here are 12 of the biggest manager mistakes that harm an organization’s credibility in court. Use these points as a checklist to shore up your personal employment-law defense.

Setting layoff criteria? You can ignore past performance

02/01/2007

When planning a layoff or restructuring, you can set criteria for who gets the ax by focusing on employees’ potential future contributions and ignoring their past performance …

The right way to accommodate employees with diabetes

02/01/2007

The numbers are daunting: Diabetes affects about one in 14 Americans and it’s the fifth leading cause of death in the country. Almost 80 percent more diabetics are in the U.S. work force now than just a decade ago, and experts predict those numbers will rise. For employers, the twin epidemics of diabetes and obesity are eating into profits and creating legal land mines …