• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR LAW Weekly
  • The HR Weekly


Warn your managers: Loose lips are legal trouble

Train managers to avoid making comments that can be used against your organization in court. Example: Calling an employee’s disability a “liability” can easily trigger an ADA lawsuit.

Jury to Walmart: $125 million for disability bias

A massive award in an EEOC lawsuit sends a powerful message: Courts have little patience for employers that discriminate against disabled workers, and won’t hesitate to make them pay.

No FMLA? Consider time off as ADA accommodation

When an employee is ill but has no leave available, supervisors often tell them they must show up for work or else be fired. But firing her could be a huge mistake. She might have a disability that could be reasonably accommodated by offering unpaid leave.

Prepare to accommodate covid after-effects

Most people recover from covid-19 within a few weeks. However, reasonably large numbers of people who had the disease experience after-effects that may interfere with their ability to work. As a result, employers can expect to see more requests for ADA reasonable accommodations and FMLA intermittent leave.

Be alert to new legal risk: vaccine-status harassment

Harassing a co-worker because of his or her unvaccinated status might cross the line into unlawful protected-class harassment. In that case, an employer might have honest-to-goodness liability for allowing such harassment to continue uncorrected.

COVID litigation: What HR can learn from the first wave of lawsuits

Since the COVID pandemic struck last March, courts have been flooded with lawsuits. These lawsuits come in a wide variety of flavors, with each offering important lessons for employers who want to avoid becoming the next target. Here are some of the top litigation triggers to help you revamp your pandemic response.

COVID anxiety: What if workers don’t want to return?

What do you do with an employee who insists on working from home after you recall people to in-person work?

You must accommodate disabled job applicants

The ADA requires employers to offer reasonable accommodations for disabled individuals at every step of the employment relationship, including during the job application process. Be especially aware of this if you use an online system that screens applicants and then automatically invites qualified candidates to come in for an interview.

Consider telework as ADA accommodation

For almost two decades, the EEOC has urged employers to offer remote work as a possible ADA accommodation. It’s relatively easy to do, especially if you already allow employees who are not disabled to telecommute.

ADA: You can make attendance ‘essential’

Some employers require timely and regular attendance as an essential job function. However, the ADA imposes limits on those expectations, requiring reasonable accommodations of some absences. Key word: Some.