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.
08/20/2009
For years, employers have grappled with the question of what exactly is “sexual harassment” and how much sexual banter is allowable. But lost in that debate is the fact that a workplace is just that—a place where work is supposed to be done. Here’s one good way to end this legal tightrope-walking and prevent potential problems down the line: Implement a policy that clearly bans sexual banter. Then punish those in violation.