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Employment Law

Passed probation despite disability? She is qualified

Sometimes, new hires don’t reveal they have a disability until after they have successfully completed a probationary period. By definition, that means they are qualified for the job.

ADA prohibits bias for disability association

The ADA doesn’t require employers to provide time off or other accommodations so healthy employees can care for a disabled family member. However, courts have consistently ruled that employers can’t discriminate against an employee because of her association with a disabled person.

Get ready for more failure-to-promote suits

The coming months look like they will bring hard economic times, which probably means we will see an increase in employee lawsuits. One unique risk to watch out for: failure-to-promote litigation.

Emergency law grants paid sick, FMLA leave

Many employees affected by the coronavirus pandemic will be eligible for paid sick leave and some will be able to take paid FMLA leave under legislation signed into law March 18.

House passes coronavirus rescue bill

Using expedited procedures, the House of Representatives passed the Families First Coronavirus Response Act (H.R. 6201) early March 14. The Senate is expected to pass a similar measure within days, and President Trump has said he will sign it into law.

Attendance essential, even for disabled employees

Feel free to require regular attendance from all your employees, even those who are disabled. Simply missing work or refusing to follow rules for requesting time off can be grounds for firing.

Beware basing starting pay on past salary

Think twice before using a new hire’s past compensation to set her new salary. According to a federal appeals court, that violates the Equal Pay Act.

DOL offers Q&As addressing coronavirus and FLSA, FMLA

The Department of Labor’s Wage and Hour Division has released new guidance on how coronavirus and COVID-19 affect compliance with the Fair Labor Standards Act and the FMLA.

EEOC issues guidance on coronavirus & ADA

The federal Centers for Disease Control and Prevention has already issued extensive guidance for employers on how to handle the coronavirus outbreak. The EEOC has issued its own guidance for employers grappling with how to deal with a potential pandemic while also complying with the ADA.

Snapshot: Litigation generates just 10% of EEOC penalties

90% of the $386 million paid last year to private-sector victims of discrimination and harassment resulted from the EEOC’s settlement, conciliation and mediation efforts.