Articles Posted in USERRA

I had every intention of watching the President address the Nation last night. I really did.

But, then I got sucked into the Director’s Cut of The Harlem Globetrotters on Gilligan’s Island, the one where the Washington Generals show up first and replace all the confetti with lice. Then poor Lovie Howell takes some shrapnel and, frankly, I didn’t realize that Thurston could order a hit squad so quickly to a remote Island.

By the time I remembered the SOTU, the Harlem Globetrotters were busting out a ladder — sorry, Krusty — and que sera.

Fortunately for me, and, by extension, you, the White House printed a copy of the SOTU, which I could cut and paste expertly analyze for you after the jump…

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iwojima.jpgTo improve the reinstatement rights of returning war veterans, and to add more enforcement teeth to the Uniform Services Employment and Reemployment Rights Act (USERRA), Pennsylvania Senator Robert Casey reintroduced the Servicemembers Access to Justice Act (SAJA) last week.

Details on SAJA and what it could mean for employers follow after the jump…

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Thumbnail image for eeoclogo.pngQuick quiz: 

  1. What protections does the ADA provide to veterans with disabilities?
  2. When is a veteran with a service-connected disability protected by the ADA?
  3. May an employer ask if an applicant is a “disabled veteran” if it is seeking to hire someone with a disability?

So, how did you do? (I went 1-for-3…as if!)

If you’re stumped or confused, the U.S. Equal Employment Opportunity Commission has your back. Earlier this week, the EEOC released this guide for employers, about protections for veterans with service-connected disabilities differ under the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA), and how employers can prevent disability-based discrimination and provide reasonable accommodations. 

So, take a few minutes and educate yourselves. They even have an employment guide for wounded veterans as well.


As the year draws to a close, let’s take a look back at the most popular posts at The Employer Handbook in 2011, based on number of hits:

5. Social media and the workplace. School teacher Natalie Munroe made several appearances on the blog this year. Remember her? She was the blogging school teacher who wrote that her students were “utterly loathsome in all imaginable ways.” Although, Ms. Munroe eventually returned to work, her experience is a sound reminder to always think twice before hitting “send.” You can read the fifth-most-popular post, “Yes, you CAN discipline employees who abuse social mediahere.

4. I’m a poet and I don’t even know it. I’m not sure what inspired the fourth-most-popular post. It must have been a slow news day. How else do I come up with the idea to Haiku — verbing a noun, sorry — about recent employment-law decisions from the U.S. Supreme Court?

3. FMLA remains a hot issue. This one surprised me. The third-most-popular post is about FMLA legislation in Pennsylvania that never passed.

2. Short and sweet. The second-most-popular post was one of my shortest. I merely announced that the EEOC had finalized its ADAAA regulations. (Note to self: keep it short)

1. Yeah, I know, you only clicked “by accident.” This was a runaway. Not even close. To put things in perspective, nearly 4% of all page views at The Employer Handbook were on this one story. Not to come off as too vain — I’m sure I’ve done that already in my other stellar posts — but nearly four times as many viewers checked out the number-one post than my blog biography. What else can I say? In the end, sex sells. (Note to self: keep it sexy).

Thank you to everyone who made The Employer Handbook such a success in its first year. We’ll be back on January 3, 2012, the official one-year anniversary of the blog, with something short and sexy employment-law related. But possibly short and sexy.

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bonsai_treephoto © 2007 Zest-pk | more info (via: Wylio)Last month, the Supreme Court handed down – if not the most important – certainly, the highest-profile decision of this term with Wal-Mart v. Dukes. However, in addition to this headline-grabber, this term saw four other significant employment-law decisions from the High Court about which employers must take note.

After the jump, I revisit each case…in haiku.

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Thumbnail image for Supreme Court.jpgJust over a month ago, the Supreme Court unanimously held that an employer violates Title VII of the Civil Rights Act if it takes action against an employee who is in the same “zone of interest” as another employee who complains about unlawful harassment in the workplace.

Yesterday, in an opinion written by Justice Antonin Scalia, the Court in Staub v. Proctor Hospital once again unanimously made it easier for individuals to pursue discrimination claims against their current and former employers. You can read a copy of the Court’s opinion here.

My analysis and the immediate impact this opinion will have on employers after the jump.

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