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The Employer Handbook BlogDid you miss yesterday’s #NextChat on Managing the Challenges of Leave Under the FMLA and ADA?
Image Credit: SHRM.org
Don’t worry about it. Continue reading
Articles Posted in Discrimination and Unlawful Harassment
#Nextchat: My Employees Can Miss How Much Work?! Managing the Challenges of Leave Under the FMLA and ADA #SHRM19
Image Credit: SHRM.org
Last night, after the big Sixers win over the Raptors, I checked out the EEOC Newsroom to hunt for blog fodder for today.
That’s when I noticed that four of the five most recent EEOC press releases addressed claims of disability discrimination under the Americans with Disabilities Act. Continue reading
Yeah, about that rule where you don’t allow employees to text that they’ll be late or absent…
Image Credit: Pixabay.com (https://pixabay.com/illustrations/mobile-text-phone-sms-980030/)
Here’s the thing.
If you’re managers relax the rule for their direct reports, good luck trying to use that rule as a basis to terminate someone’s employment. Continue reading
For real this time, the EEO-1 deadline is September 30, 2019. Seriously
Multiple reports (1, 2, 3), are confirming that District Judge Tanya S. Chutkan ruled yesterday that the deadline for filing your EEO-1 filing will be September 30, 2019.
(For more on this EEO-1 circus, click here.)
That’s it. That’s all I’ve got for you today. Continue reading
A heterosexual employee sued for sexual-orientation discrimination. Really?!?
Image Credit: Pixabay.com (https://pixabay.com/photos/question-question-mark-survey-2736480/)
Oh, did I mention that the plaintiff was the HR Manager?
Bruh…
Why was there an employment law trending on Twitter yesterday? Oh, I think I know.
Image Credit: https://pixabay.com/en/pride-gay-nyc-new-york-city-flag-2444813/
The Supreme Court has agreed to decide whether the prohibition against sex discrimination in Title VII also covers discrimination based on sexual orientation and gender identity.
In other words, are there LGBT legal rights in the workplace? Continue reading
How in the world did a DEAD person get suspended for racist behavior?!?
Uncredited [Public domain], via Wikimedia Commons
The readers have three follow-up ADA questions about job applications. Let’s answer them.
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On Wednesday, I blogged, “If your job applications look anything like this, well, damn, you’ve got some ADA problems.”
“This” was a medical questionnaire that inquired about certain medical conditions, whether the employee had an impairment or disability, and whether the employee had previous surgery or received a permanent disability rating.
In other words, questions that were designed to elicit information about whether an individual has a disability.
Not surprisingly, readers asked some good follow-up questions about related ADA issues; stuff that wasn’t part of the low-hanging fruit that the EEOC plucked when it sued the employer with the bad medical questionnaire.
For everyone’s benefit, let’s address those questions today. Continue reading
If your job applications look anything like this, well, damn, you’ve got some ADA problems.
Request Leave Coolie Writing Tool Pen Application (https://www.maxpixel.net/Request-Leave-Coolie-Writing-Tool-Pen-Application-1915347)
I remember once I had a colleague asked me to review an addendum to a job application for a client to make sure it was all good and legal.
It wasn’t.
Continue reading
Does an employee have an ADA ‘disability’ if it substantially limits the major life activity of ‘working’?
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Ever since the amendments to the Americans with Disability Act took effect in 2009, management-side employment lawyers have preached to clients that they should focus more on accommodating a disability rather than whether an employee has a disability in the first place.
But, what if you have an employee who seeks an accommodation — time off — for a condition that she claims impacts her ability to work?