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Tag Archives: ADA
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
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 ADA, controlling workers comp costs, EEOC, eeoc objections to wellness programs, employer benefit plans, employer policies, how to incentivize wellness, obesity in the workplace, surveys of employee wellness efforts, wellness programs and the ADA
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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 accomodating injured workers, ADA, controlling workers comp costs, discrimination claims, employer policies, how to manage and assist employees with weight issues, is obesity a disability under the ADA?, is obesity protected?, obesity in the workplace, Return to Duty
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You Can Win ADA Claims- Show Individualized Analysis and No Knee-Jerk Decisions
Today, the Eight Circuit handed down a well-reasoned decision in plaintiff’s appeal of its loss in an ADA and State Whistleblower claim. A locomotive machinist was sent for examination and not allowed to return to work after being diagnosed with … Continue reading
Posted in ADA, discipline and discharge, EEOC, whistleblower/retaliation
Tagged accomodating injured workers, ADA, COURT FINDS THAT EMPLOYEE COULDN'T PERFORM ESSENTIAL FUNCTIONS, discrimination claims, EEOC, employee safety, how to prove that an employee could not perform the essential functions of the job, Return to Duty, road map to defending ADA claims
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Focus on Wellness: For Our Workers, It’s a Critical Life or Death Issue
When I started this Blog, I wanted to post analysis and suggestions which were different or more practical than some of the Employment Law, Safety and Labor Articles out there. I did not want to simply repeat what others were already effectively … Continue reading
Posted in ADA, aging workforce, cultural changes, EEOC, employer benefit plans, employer policies, generational differences, incentive plans, Patient Protection and Affordable Care Act of 2010, wellness, workers comp
Tagged accomodating injured workers, ADA, controlling workers comp costs, do wellness plans reduce workplace injuries?, employee attitudes, employee safety, employer benefit plans, employer policies, generational differences, managing younger workers, obese workers experience more injuries, Patient Protection and Affordable Care Act of 2010
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Wash Your $!&# Hands! Employers and the Flu
The CDC reports that the current flu season will be the worst one in recent years. On January 9, news outlets carried stories about the City of Boston declaring a state of public health emergency and of Chicago hospitals having … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, generational differences, government inspections, hospitality, managing legal matters, manufacturing, NLRB, OSHA, retail, social media, union organizing, unions, wellness
Tagged ADA, ada and flu vaccine, concerted protected activity, controlling workers comp costs, discrimination claims, EEOC, employee safety, employer benefit plans, employer flu policies, employer policies, fast food restaurants, infectious disease, managing younger workers, mandatory flu vaccines, nlrb and flu vaccine, nlrb and social media, religious discrimination claims and vaccination, requiring flu vaccines
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Employers Should Take the EEOC More Seriously In 2013
Some executives and managers consider EEOC charges to be a cost of doing business. Based on past experience, they do not treat Discrimination Charges with the same concern as other legal matters. The EEOC’s current focus on Systemic Discrimination and the … Continue reading
Posted in aging workforce, cultural changes, EEOC, employer policies, food processing, generational differences, government contracting, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail
Tagged 2013, 2013 eeoc strategic plan, accomodating injured workers, ADA, controlling workers comp costs, CRIMINAL BACKGROUND CHECKS, discrimination claims, disparate impact, eeoc challenge of sick leave policies, eeoc systemic discrimination investigations, employee attitudes, employer policies, fast food restaurants, generational differences, managing younger workers, obesity in the workplace, retail workers, Return to Duty
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The Hidden Safety Hazard – Domestic Violence
The Hidden Safety Hazard – Domestic Violence Date: November 1, 2012 By Betsy Weintraub (Former Prosecutor) As the holidays are approaching, you notice that Susan, one of your longtime employees with a near perfect attendance record, has missed several … Continue reading
Free Webinar Making Predictions About Federal Agencies in 2013
While there remains some lingering uncertainty, the recent elections did lend some clarity to an evolving regulatory landscape. Now that the dust has settled, what can we expect from a second term for the current Administration? And with additional gridlock … Continue reading
Posted in aging workforce, concerted protected activity, construction, cultural changes, discipline and discharge, EEOC, employer benefit plans, employer policies, food processing, harassment, hospitality, manufacturing, NLRB, Patient Protection and Affordable Care Act of 2010, plastics, recruiting, retail, social media, Uncategorized, unions
Tagged 2013, accomodating injured workers, ADA, concerted protected activity, CRIMINAL BACKGROUND CHECKS, discrimination claims, EEOC, employer policies, nlrb and social media, osha combustible dust requirements, Patient Protection and Affordable Care Act of 2010
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ADAAA Shifts Focus From “Are They Disabled” To Did You Properly Interact With and Accomodate Them
ADAAA’s Twist On Administration Of Employment Practices Date: August 9, 2012 By Mauro Ramirez and A. Kevin TroutmanMost experienced human resources (HR) professionals know and follow an old adage when applying policies and making employment decisions: Follow established company policies … Continue reading
Howard Mavity 