The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them “‘so-called’ wellness programs.” And not in a “yay, so-called wellness programs are super” kinda way. No, in recent months, the EEOC has initiated litigation against companies (example, example, example) claiming that…
The Americans with Disabilities Act requires that companies provide a reasonable accommodation to an employee with a disability, if doing so will allow the employee to perform the essential functions of the job. The ADA contemplates a number of different types of reasonable accommodations. One such accommodation is a transfer…
Just go ahead, and kill them dead! But before I get to that, I want to quickly plug our free event next week on November 12, 2014. I’ll give you four reasons to attend: Chai R. Feldblum, Commissioner, U.S. Equal Employment Opportunity Commission Richard F. Griffin, Jr., General Counsel, National…
Whether a department of many, or just one, your job as an HR professional has you juggling many balls. You’re running an open enrollment, conducting a workplace investigation, recruiting, wage-setting. Cot’ damn, you’re busy! To get those tasks done, you’d better have the gift of gab. Or not. Is verbal…
Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while under observation for Ebola. As an employer,…
I’ll be at the SHRM Lehigh Valley Annual Conference today presenting “What’s Hot at the EEOC…and How to Avoid Getting Burned!” with the EEOC’s Mary Tiernan. If you’re at the conference, stop by with pizza and beer and say hello with pizza and beer. However, if you can’t make it,…
See that lede right there! That’s journalism, baby! After the jump, let’s talk about what it means to have a disability under the Americans with Disabilities Act Amendment Act. * * * In Wilson v. Iron Tiger Logistics, the plaintiff, a truck driver, developed frostbite on a bunch of fingers…
Seems one employer may not have received the memo. Now, the EEOC is taking aim. More on this and some tips for employers to avoid pregnancy-accommodation traps, after the jump… * * * Over the summer, the EEOC issued new guidance on accommodating pregnant employees. The Pregnancy Discrimination Act doesn’t…
That ain’t legal, yo. I’ll tell you why after the jump… * * * @Eric_B_Meyer, any thoughts to share on this one? Woman w/cancer diagnosis is fired & the boss thought he was helping http://t.co/980Bl1scjF — MarySchaefer (@MarySchaefer) September 17, 2014 Yeah, Mary, I’ve got some thoughts. Let’s assume that…
Congratulations! Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with those exams? Oh yeah, there’s that too… Ask for too much info and you…