by Mark I. Schickman
True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true―you can’t inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job’s essential tasks with or without [...]
Archive for the 'Disability Discrimination' Category
by Mark I. Schickman
It’s not easy deciding who is right for a job. Employers have to study a candidate’s qualifications, education, experience, demeanor, and more. But sometimes the decision comes down to the little things—even a person’s laugh. The question an employer must consider is whether such a seemingly small factor poses any legal risk.
Current employee wants new [...]
by Jonathan R. Mook
The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease.
HR professionals may not go looking for trouble, but that doesn’t mean trouble doesn’t go looking for HR. Complaining employees regularly find their way to HR and often demand a solution to a problem they either don’t want to handle themselves or should leave to management. One such problem is a coworker with an offensive [...]
The Equal Employment Opportunity Commission (EEOC) has published new guidance addressing whether an employer violates the Americans with Disabilities Act (ADA) by requiring a high-school diploma for a job. The guidance was issued in response to an informal discussion letter in which the agency stated that the requirement may violate the ADA if (1) it [...]
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher.
HR professionals often struggle with termination decisions. The decision is easy [...]
The new year is off and running, but it’s not too late for human resources professionals to make a few employment law-related resolutions that should make their lives easier in 2012.
Sexual harassment policies
Boyd Byers a partner with Foulston Siefkin LLP in Wichita, Kansas, says attention to sexual harassment policies should top the list of resolutions [...]
Whether engaging in a specific project, such as working with IT to incorporate text-to-speech readers or other assistive technology in your online environment, or carrying out the seemingly simple task of adjusting your hiring and recruiting page, you must be up to date on Web access for disabled employees and applicants.
Are you aware of the [...]
The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other [...]
The law that amended the Americans with Disabilities Act (ADA) was signed in September 2008, and although more than three years would seem sufficient to digest the change a new law brings, the regulations for the ADA Amendments Act (ADAAA) weren’t effective until May 24, 2011. So HR professionals and attorneys alike in many cases [...]