Archive for the 'ADA' Category
Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose?
We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve an [...]
Posted in ADA, ADA, ADA Accommodation, Discrimination and Harassment, Documentation, Documentation, Hiring, Hiring, Interviewing, Job Descriptions, Performance Evaluation, Termination, Terminations, Vermont, Workplace Discrimination by: Vermont Employment Law Letter
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Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), [...]
Posted in ADA, ADA, ADEA, Age Discrimination, Disability Discrimination, Discrimination and Harassment, Disparate Impact, EEOC, Hiring, Hiring, Interviewing, National Origin Discrimination, Race Discrimination, Sex Discrimination, Title VII, Unemployment, Workplace Discrimination by: Wendi Watts
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Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies [...]
Posted in ADA, ADA, ADA Accommodation, Absenteeism, Alabama, Break Time, Discipline, Discipline and Employee Misconduct, Documentation, Documentation, Employee Misconduct, Employment At Will, Employment Contracts, FLSA, FMLA, FMLA, Handbooks, Handbooks and Policies, Performance Evaluation, Policies, Wage and Hour Law by: Alabama Employment Law Letter
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When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of [...]
Posted in ADA, ADA, ADA Amendments Act, ADEA, Age Discrimination, Disability Discrimination, Discrimination and Harassment, Documentation, Documentation, EEOC, Equal Pay Act, GINA, Genetic Discrimination, Layoffs, Race Discrimination, Retaliation, Supervisor Training, Termination, Terminations, Title VII, Unemployment, Workplace Discrimination by: Wendi Watts
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Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot [...]
Posted in ADA, ADA, ADA Accommodation, ADEA, Age Discrimination, Arkansas, Disability Discrimination, Discrimination and Harassment, Disparate Impact, Disparate Treatment, Hiring, Hiring, National Origin Discrimination, Race Discrimination, Religious Discrimination, Sex Discrimination, Title VII, Workplace Discrimination by: Arkansas Employment Law Letter
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by Joseph C. Pettygrove
The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual circumstances.
Posted in ADA, ADA Accommodation, Absenteeism, DOL, Employee Leave, FMLA, FMLA, FMLA Leave, HIPAA, Indiana, Termination, Terminations by: Indiana Employment Law Letter
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Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the horizon.
FMLA Complete Compliance
Posted in ADA, Absenteeism, Disability Discrimination, Employee Leave, FMLA, FMLA, FMLA Leave, Intermittent Leave, North Dakota by: North Dakota Employment Law Letter
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by Susan Fahey Desmond
Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP). Also, beginning January 12, 2014, any employer who employed an average of 50 employees [...]
Posted in ADA, ADA Accommodation, Benefits, Disability Discrimination, EEOC, Employee Privacy, Health Insurance, Health care reform, Mississippi, Wellness Programs by: Mississippi Employment Law Letter
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by Jonathan R. Mook
Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act [...]
Posted in ADA, ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, Job Descriptions, Virginia by: Virginia Employment Law Letter
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What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations.
But for many employment law attorneys [...]
Posted in ADA, ADA, ADA Amendments Act, DOL, Disability Discrimination, EEOC, EFCA, Federal Contractors, Massachusetts, NLRB, OFCCP, Oklahoma, Tennessee, WHD, Wage and Hour by: HR Hero Line
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