by Troy D. Thompson
Over the last several months, the Equal Employment Opportunity Commission (EEOC) has filed a significant number of lawsuits alleging disability discrimination under the Americans with Disabilities Act (ADA) against employers across the country. The cases are instructive because they highlight the EEOC’s current enforcement policies, identify common [...]
Archive for the 'Disability Discrimination' Category
by Troy D. Thompson
Employees bring their expertise, education, and skills to work every day, and employers count on those qualities. But employees may also bring other aspects of their lives to work—characteristics that can complicate the employer’s responsibilities.
A study from Integrated Benefits Institute (IBI), a nonprofit organization concerned with health and productivity research, released a study in [...]
Employers face tough personnel decisions every day, and the threat of litigation makes the decision process even more problematic. Recently a group of attorneys tackled a couple of situations that present discrimination hazards–whether it’s too risky to reduce an older employee’s hours and whether it’s possible to lawfully check out an applicant’s workers’ compensation history. [...]
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 [...]
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 [...]