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ADA

Warn bosses: No joking ever about impairment

03/31/2014
While you may think it isn’t necessary because it seems so obvious, you must warn supervisors that making fun of any impairment is asking for trouble. Remind them that they must focus on performance when criticizing work, even if they believe that an impairment is affecting performance.

EEOC sees 7 issues ripe for more enforcement

03/31/2014
Employers take note: EEOC Legal Counsel Peggy R. Mastroianni has said that it will increase enforcement efforts in these areas in coming months.

EEOC settles GINA discrimination lawsuit with N.Y. employer

03/13/2014

In January, the EEOC announced it had reached a settlement with Founders Pavilion, a former nursing and rehabilitation center in Corning. The EEOC had sued, alleging that Founders violated the Gene­­tic Information Non­­dis­­crimi­­na­­tion Act. The case marked only the third time the EEOC has brought a lawsuit alleging an employer violated GINA. It was the first time a GINA suit alleged systemic discrimination.

Let injured worker stay on leave until fully healed

03/06/2014
Disabled employees who return to work before fully healed may be eligible for light-duty positions or other modifications as reasonable accommodations. However, employers that allow leave until the employee is fully healed don’t have that obligation.

Employee committed firing offense? Terminate ASAP–or else prepare for court

03/06/2014
If you don’t terminate an employee for an obvious firing of­­fense but later use that reason to justify a discharge, you’d better have a good explanation for the delay. Otherwise, a jury may see the move as a pretext for some form of discrimination.

Accommodation discussions: How interactive must they be?

03/06/2014

The ADA gives disabled employees the right to request “reasonable accommodations” to do the essential functions of their jobs. To choose those accommodations, em­­ployer and employee must engage in an “informal, interactive process.” But when does the employer get to draw the line?

Disabled worker says her job is too stressful; must you restructure it to remove stress?

03/05/2014
How far does an employer have to go to accommodate the effects of stress if an employee is disabled? The answer: probably not very far if stress is a key part of the person’s job, as the following case shows.

Develop process for extending FMLA leave

02/28/2014
Some employees aren’t quite ready to return from FMLA leave after their 12 weeks are up. How you handle their request can make the difference between winning and losing a discrimination lawsuit.

Must we indefinitely retain injured employee who has been out on workers’ comp?

02/19/2014
Q. We have an employee who has been out with a work-related back injury for more than six months. We have not received any indication from her doctor about when she will be able to return. Must we keep her on workers’ compensation leave status indefinitely? Do we have to indefinitely hold open her job?

ADA: You may not have to honor employee’s request for gradual return to work

02/19/2014

It may be a reasonable accommodation to grant additional time off after a disabled employee has used up her FMLA entitlement and other leave. But what if the disabled employee wants a gradual return to work, easing back in by working part time?