Come January 1, most NJ employers will no longer be able to ask about an applicant’s criminal record during the initial employment application process. That’s right. Ban the box will be b-b-b-b-banned in the Garden State! More on the new law after the jump… * * * I mean, when…
The Employer Handbook Blog
An employer-defendant argued that cancer — CANCER!!! — is not an ADA disability
How do you think that worked out? (I’ve got a pretty good guess too). After the jump, let’s see if we’re right. * * * In EEOC v. Midwest Regional Medical Center, LLC (yes, the employer-defendant was a friggin’ hospital!!!), the United States Equal Employment Opportunity Commission filed suit on…
New Hampshire becomes the latest state to pass a social media workplace law
And I’m speaking today on social media in the workplace at the 2014 EEOC Excel Conference Everything’s coming up Milhouse. More on the former (and a little about the latter) after the jump… * * * New Hampshire’s new law. Starting on September 30, 2014, New Hampshire employers will be…
FMLA 101: Don’t make an employee work during leave. Just don’t.
Really. It’s a bad idea. Like my youngest son using chopsticks and a fork at the same time to eat pho. Ok, not that bad. But, definitely blogworthy. More on this HR lesson after the jump… * * * I read this case over the weekend about an employee who,…
Court says having to pee uncontrollably is not an ADA disability
Talk about a pissed-off plaintiff. I’ll be here all week. (Thank God it’s Friday). More on this interesting Americans with Disabilities Act decision after the jump… * * * When you gotta go, you gotta go. In Sanders v. Judson Center, the plaintiff worked for a nonprofit human service agency providing…
Guess why dude lost his ADA failure-to-accommodate claim. (Hint: he didn’t ask for one).
When the new amendments to the the Americans with Disabilities Act took effect in 2009, the law became more employee-friendly by expanding the definition of what constitutes a disability. That said, the law doesn’t (yet) require an employer to have a sixth sense about whether a disabled employee requires a…
Here’s the wrong way to deliver FMLA notices to employees
Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds. But, if you send FMLA paperwork to an employee by first class mail, then you’re asking for trouble. I’ll show you why after the jump… * * * Did…
Learn all about religious accommodations in the workplace today at 2:00 PM EDT
Why, just the other night, I playing my 5-year-old son in a friendly game of Uno. Well, it was friendly-ish in a cutthroat sorta way. At least, that’s what the look on his tear-stained face suggested to me when I mouthed “Uno,” shimmied, and spiked my final card to win…
Inappropriate Facebook videos, comments doom an employee’s discrimination claims
On the clock or off, when employees do dumb stuff on Facebook, it could cost them their jobs. And, apparently, their discrimination claims against their former employer too. Yep, another employee screwed up online. Go figure. More on that after the jump… * * * In Brown v. Tyson Foods,…
FACT OR FICTION: The ADA requires all employers to offer light duty.
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.” Peep this ADA failure-to-accommodate case. Plaintiff is disabled and requests light duty. However, the evidence presented showed that there were no…