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How Is Your HR Department Doing Covering Its … Assets?
HR departments are the sentries of the office, with access to sensitive personnel records such as health information, I-9 documents as well as salary details, records that can take up loads of file...
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A Split EEOC Issues New Guidelines on Pregnancy Discrimination
By Ilyse Wolens Schuman The Equal Employment Opportunity Commission has issued new enforcement guidance on pregnancy discrimination and related issues, despite reservations expressed by some EEOC...
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Yes, It’s Wrong to Disclose Employee Medical Info on Facebook
By Eric B. Meyer Yes, disclosing an employee’s medical info on Facebook is stupid, plus, it may violate the Americans with Disabilities Act, too. In Shoun v. Best Formed Plastics, Inc., the plaintiff...
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HR Basics: Here’s the Absolute Wrong Way to Deliver FMLA Notices
By Eric B. Meyer Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds. But, if you send Family and Medical Leave Act paperwork to...
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When You Gotta Go, You Gotta Go – But It May Not Be an ADA Disability
By Eric B. Meyer When you gotta go, you gotta go. In Sanders v. Judson Center, the plaintiff worked for a non-profit human service agency providing services to disabled individuals identified as...
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What Happens When an Employer Says Cancer Is Not an ADA Disability?
By Eric B. Meyer What happens when an employer-defendant argues that cancer — CANCER! — is not an ADA disability? How do you think that worked out? (I’ve got a pretty good guess too). In EEOC v....
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Why You Need an Essential List of Job Functions When Approving FMLA
By Eric B. Meyer Under the Family and Medical Leave Act, an eligible employee has the right to take up to 12 work weeks of covered leave for, among other things, the employee’s own serious health...
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What Employers Should Know About the Americans With Disabilities Act
By Sandra S. Moran The U.S. Equal Employment Opportunity Commission’s efforts to enforce the 2008 American with Disabilities Amendments Act have certainly not waned as it continues to challenge leave...
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For the First Time, EEOC Directly Challenges a Workplace Wellness Program
By Russell D. Chapman The U.S. Equal Employment Opportunity Commission has filed its first lawsuit directly challenging the operation of a wellness program. In EEOC v. Orion Energy Systems, the EEOC...
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Court: ADA Requires Accommodating Employees With Angry Outbursts
By Eric B. Meyer The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential...
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EEOC Is Now Taking on Fitness-For-Duty Medical Releases
By Eric B. Meyer Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster with under the Americans with...
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The Importance of Having – and Following – Clear Employment Policies
By Eric B. Meyer Remember that Americans with Disabilities Act case involving Walgreens and the $1.39 bag of chips? In that one, the store appeared to really step in it by firing a diabetic who ate a...
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EEOC Warns That a Duty to Accommodate May Extend After Childbirth
By Eric B. Meyer Seems one employer may not have received the memo. Now, the EEOC is taking aim. Over the summer, the EEOC issued new guidance on accommodating pregnant employees. The Pregnancy...
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Do Fingers With Frostbite Constitute a Disability Under the ADA?
By Eric B. Meyer Let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act. In Wilson v. Iron Tiger Logistics, the plaintiff, a truck driver, developed...
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What Do You Do When an Employee Says They’re Quarantined With Ebola?
By Eric B. Meyer Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted from an Ebola quarantine tent to alert you that she will be out of...
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Is Speaking an Essential Qualification For an HR Pro?
By Eric B. Meyer Whether you work in a department of many, or just one, your job as an HR professional has you juggling many balls. You’re running an open enrollment, conducting a workplace...
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Accommodating a Disability Doesn’t Require You Displace Someone Else
By Eric B. Meyer The Americans with Disabilities Act requires that companies provide a reasonable accommodation to an employee with a disability, if doing so will allow the employee to perform the...
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EEOC to Offer Employers Guidance on Wellness Programs
By Eric B. Meyer The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them “‘so-called’ wellness programs.” And not in a “yay,...
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Biggest Loser Contests at Work? Only If They Pass Muster With the EEOC
By Howard Mavity We are again running a Biggest Loser Contest among our 31 offices and will award prizes, beginning at $1,000, to individuals who lose the most weight. I do not watch reality shows and...
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An Interactive Process Can Help Resolve ADA Accommodation Claims
By Eric B. Meyer So just how did an employer snatch victory from the jaws of defeat after botching a diabetic employee’s request to work a modified schedule? Back in 2011, the EEOC announced that it...
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