Category Archives: ADA

Talk versus Email: When Electronic Communications Gets You Sued

  Electronic communications are a mixed blessing. Business is more efficient and new ways of commerce continue to open. However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions. From a legal standpoint, electronic communications, and especially … Continue reading

Posted in ADA, attitude/culture, discipline and discharge, discrimination, employer policies, generational differences, internal investigations, performance improvement, social media, training, whistleblower/retaliation | Leave a comment

Why Am I Still Getting Sued By Employees?

(From Industrial Distribution Magazine). After covering union challenges and safety compliance concerns in previous articles, we’ll conclude the series by discussing those common employment law claims that continue to vex distribution employers. I will deviate from the usual format and … Continue reading

Posted in ADA, aging workforce, attitude/culture, discipline and discharge, discrimination, EEOC, employer policies, generational differences, harassment, managing legal matters, supervisor development, whistleblower/retaliation | Leave a comment

Foolish Comments and Inconsistent Appearing Discipline Get You Sued

Not just supervisors, but also Safety professionals routinely have to respond to or try to prevent various types of employment claims. Why you may ask?  Partly because the supervisor and employees figure that “regulations are regulations,” so the safety dude … Continue reading

Posted in ADA, discipline and discharge, discrimination, EEOC, FMLA, harassment, workers comp | Tagged , , , | 1 Comment

When Is More Leave Not a Reasonable Accomodation?

Cases under the ADA are fact specific.  Often it is difficult to find clear-cut standards for determining if an employee is qualified to perform the essential functions and if an accommodation is reasonable.  In Attiogbe-Tay v. Southeast Rolling Hills LLC, a … Continue reading

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The Movie Dallas Buyers Club Teaches a Lot About Work and Life

The Dallas Buyers Club opened last Friday in limited cities, it’s the largely true story of a thoroughly unlikable hard ass Texas oil worker at the beginning of the 80’s AIDS crisis, who learns that he has full-blown AIDS (from … Continue reading

Posted in ADA, privacy, Uncategorized | Tagged , , , | 1 Comment

The Next Big Workplace Safety Issue … Depression?

I grew up with a dad from the “Great Generation” who had survived WWII, Korea and Stalag 17.  He and my mom built a pretty impressive business by their hard work.  Not surprisingly, I grew up with that wonderful middle … Continue reading

Posted in ADA, aging workforce, attitude/culture, employer benefit plans, employer policies, safety programs | Tagged , , | Leave a comment

HR Should Budget Money For New Fed Contractor Veterans and Disability Requirements.

The new regulations for disabled individuals and veterans posted by the OFCCP yesterday afternoon dramatically change the requirements for federal contractors—at least 25% of the employers in the US—so this will be huge.  Federal contractors will be required to ask … Continue reading

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FORGET THAT NEW NOVEL! NEW EEOC PUBLICATIONS ARE HERE!!

I  found this post and links by fellow attorney-blogger, Philip K. Miles III of “Lawfice,” to be quite useful.  I agree with his instruction … for your “Memorial Day reading.”  Actually, while I love to read stuff like this in my off time, … Continue reading

Posted in ADA, aging workforce, discipline and discharge, EEOC, employer policies, wellness | Tagged , , , , , , , | Leave a comment

Everybody Agrees That We Need Better Wellness Programs? Correct?

My answer would be that “I’m not sure.”  An amazing number of employers agree that absent improved wellness initiatives, a graying less healthy workforce will break the corporate bank, so to speak.  Likewise, seemingly, we should all be able to … Continue reading

Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, wellness, workers comp | Tagged , , , , , , , , , | Leave a comment

How to Weigh Obesity In Employment Decisions

In September, one of my Memphis partners, Jeff Wientraub, wrote a good analysis of legal issues posed by obese workers in HR Professionals Magazine.  While most employers state that an employees weight does not influence their employment decisions, I am … Continue reading

Posted in ADA, aging workforce, cultural changes, generational differences, wellness, whistleblower/retaliation, workers comp | Tagged , , , , , , , , , | Leave a comment