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The Employer Handbook BlogWhen employees publicize their own confidential health information it’s no longer confidential.
I’ll go ahead and file this one under “duh.” Continue reading
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Court to white plaintiff: diversity does not equal discrimination
An employer’s statements about a successful job candidate’s “minority status, the American Dream, and the value of diversity” were not enough to show that it discriminated against an unsuccessful white candidate, ruled a New Jersey federal court recently. Continue reading
Don’t let these three manager mistakes undermine your company’s business judgment on ADA essential job functions.
The Americans with Disabilities Act prohibits discrimination against “qualified individuals with disabilities.” A qualified individual can perform the essential functions of their job with or without accommodation. While not the be-all-and-end-all, an employer’s business judgment about what job functions are essential carries substantial weight under the ADA. Still, courts often consider whether a particular job function is essential on a case-by-case basis.
Last night, I read a federal court opinion highlighting three ways employers and their managers can create uncertainty about which job functions are essential. Continue reading