ADA

EEOC under fire for wellness stance

02/05/2015

A parade of witnesses before the Senate Health, Education, Labor and Pensions Committee on Jan. 29 called on the EEOC to relax enforcement of rules that keep some employers from using voluntary wellness plans to control health care costs.

Tell bosses: Don’t query medical appointments

02/02/2015

Warn supervisors that they shouldn’t comment on the time that employees take off for medical treatments. If the underlying medical condition is a disability under the ADA, such comments may come back later to haunt the employer.

ACA vs. ADA: EEOC loses on wellness programs

01/13/2015

The EEOC has lost its bid for a preliminary injunction that would have prevented a major employer from withholding funds from the Health Savings Accounts of employees who refused to participate in a wellness program.

Never skip ADA accommodations process

01/05/2015

When an employee returns to work with restrictions after an illness, he or she may be disabled and entitled to reasonable ADA accommodations. Don’t make a mistake and skip the interactive accommodations process, even if you believe no accommodation is possible. You are still required to consider the possibility before taking action like terminating the employee.

Workplace Drug Testing

01/01/2015

HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don’t manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits …

Accommodating Medical Marijuana

12/18/2014

HR Law 101: Currently, 23 states have legalized the use of medical marijuana. Whether employers in those states must accommodate legal medical marijuana use depends on how courts interpret state law.

Employee acting like a jerk? Don’t let him claim ‘the disability made me do it!’

12/11/2014

Some employees behave in ways that create an unpleasant environment for their co-workers and supervisors. There’s no reason to put up with bullies and other ill-behaved employees—regardless of the reason.

Afraid you messed up (or have to pay up)? Try offering to reinstate fired employee

11/05/2014

Here’s a litigation tactic your attorney may suggest to cut potential liability in a case where you may be liable: If you make an unconditional offer to reinstate the employee and she rejects the offer, you won’t have to pay future lost wages after the offer date.

EEOC: BNSF violated ADA

11/03/2014

Fort Worth-based BNSF Railroad faces charges it withdrew a conditional job offer to an applicant for a security position.

Employer controls which accommodation to offer