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Productivity / Performance

No substantial limitation? Obesity isn’t an ADA disability

12/01/2007

Even as America’s waistline expands, employers can take some comfort in knowing that obesity, by itself, does not constitute a disability under the ADA. Unless an employee’s obesity substantially limits his ability to perform a major life function, he isn’t covered by the ADA …

If pay varies widely, document rationale for disparity

12/01/2007

Sometimes you have to sweeten the pay pot to attract highly qualified employees. But before you pay wildly dissimilar salaries to people in the same or similar positions, make sure you justify the differences. There are two ways to do that …

Nordstrom faces EEOC suit

12/01/2007

Gloria Pimental, a worker at Nordstrom stores in Wellington and Palm Beach Gardens, has filed an EEOC lawsuit alleging a manager harassed her and other Hispanic and black employees. Pimental claims she was fired when she complained …

‘Cultural fit’ might be code for age discrimination

12/01/2007

Each organization has its own culture, and some even strive to differentiate themselves based on that unique atmosphere. But some words of caution are in order: If you use “cultural fit” to limit applicants or to drive out those who don’t conform, prepare for trouble …

Is employee disabled or not? How to make the ADA call

12/01/2007

It’s happened to most HR specialists—a supervisor calls and says an employee claims he’s disabled so he can’t work the night shift or lift anything heavier than a ream of paper. Plus, the employee wants extra breaks beyond those everyone else gets because his disability tires him easily. How do you respond? …

USERRA: Know your duty to returning disabled soldiers

12/01/2007

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to reinstate employees who take military-related leave. It also prohibits job discrimination against military or ex-military personnel. But a lesser-known USERRA provision deals with how employers must handle soldiers who return from active duty with injuries or other disabilities. USERRA is similar to the ADA …

Must we pursue reasonable accommodation if employee could never return to work?

12/01/2007

Q. I run a bike messenger service in downtown Newark. Recently I discharged one of my messengers who was rendered a paraplegic in a freak accident. We did not participate in the interactive ADA accommodations process, but I think all parties would concede there is no reasonable accommodation that would allow her to ride a bike again. We are aware of liability for failure to provide a reasonable accommodation, but is there a separate cause of action in New Jersey for failing to engage in the interactive process? …

OK to consider ambition when selecting who goes, who stays

12/01/2007

If your company’s business strategy includes promotion from within and constant innovation, unambitious employees may serve as poor role models. You may, in fact, want to ease them out in favor of new employees. Before you do, consider ways to light a fire under the feet of complacent employees. Here’s why this is crucial …

Supervisors need to know: Honest performance assessments essential

12/01/2007

Many discrimination lawsuits are the direct result of poor performance appraisal processes. A supervisor who is eager to maintain a cordial and productive workplace may hold back on legitimate criticism to avoid rocking the boat. This tactic can backfire badly once a new supervisor begins enforcing productivity rules and downgrades an employee previously rated “stellar.” If that employee is also a member of a protected class, look out …

Analyze talents, needs before transfer

12/01/2007

Employers are generally free to transfer employees where their skills can be best utilized. Of course, some employees resist such moves, especially if these actions are perceived as undesirable transfers or even demotions. That’s why, for every transfer, you should make a clear assessment of who has what skills and talents …