Articles Posted in Hiring & Firing

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The Americans with Disabilities Act requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment. However, the ADA does not require an employer to assist a person without a disability due to that person’s association with someone with a disability. Still, an employer cannot discriminate against an employee or applicant because of that person’s association with someone with a disability.

It’s called associational discrimination.

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“Eric, we have an employee who needed four weeks off for hip surgery. We provided it. After the surgery, they requested three more months off to have a second surgery. We provided it. Then, they experienced even more complications that required even more surgery, and their doctor told us they couldn’t work with or without accommodations for an additional three to six months. Do we have to accommodate this too?” Continue reading

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Just as I had finished raiding my kids’ hauls for all the Butterfingers and 100 Grands, it was at that moment that I remembered that the sweetest part of Halloween, the real HR nerd candy, was that the U.S. Equal Employment Opportunity Commission had announced the opening of 2022 EEO-1 Component 1 Data Collection.

Then, I grabbed a few mini boxes of Nerds too. Continue reading

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The Genetic Information Nondiscrimination Act (GINA) forbids discrimination against employees or applicants because of genetic information. Specifically, Title II of GINA prohibits using genetic information in making employment decisions, restricts employers from requesting, requiring, or purchasing genetic information, and strictly limits the disclosure of genetic information.

While GINA has been in effect for over ten years, it gets very little attention. Employees bring fewer discrimination charges under GINA than any other federal antidiscrimination statute that the U.S. Equal Employment Opportunity Commission administers. But that doesn’t make it any less important or expensive when violations arise.

Check this out. Continue reading

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