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Tag Archives: discrimination claims
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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Worst Case Scenario – National Claims and a Painful Ergonomic Settlement
This is a sobering Blog. There are legitimate workplace safety concerns involving ergonomic issues in many industries, but how would you like to be on the receiving end of the attacks described below? Let’ discuss the most recent development in … Continue reading
Posted in aging workforce, concerted protected activity, cultural changes, employer policies, government inspections, hospitality, incentive plans, OSHA, retail, social media, union organizing, unions, wellness, workers comp
Tagged accomodating injured workers, Cal-OSHA obtains ergonomic concessions from hotel, concerted protected activity, controlling workers comp costs, discrimination claims, employee attitudes, employee safety, employer policies, ergonomic claims against hospitality employers, fast food restaurants, hotels, OSHA Inspections, social media, union corp[orate campaigns, union organizing, UNITE-HERE
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OSHA WILL Go After You If They Don’t Like Your Policies On Discipline For Not reporting Injuries
OSHA Region V recently gave a presentation on their focus on retaliation cases, including an intense scrutiny of rules and discipline related to failure to timely report workplace injuries. These comments reflect the OSHA National emphasis I keep harping about … Continue reading
Posted in aging workforce, discipline and discharge, employer policies, government inspections, incentive plans, OSHA, whistleblower/retaliation
Tagged accomodating injured workers, controlling workers comp costs, discipline for failure to report an injury, discrimination claims, employee safety, employer policies, osha and safety incentives, OSHA Inspections, osha whistleblower and safety rules
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Part 2 – Care and Feeding of Counsel
Posted below is Part 2 of my ruminations on selecting and managing labor counsel. I prepared Part 1, the first 10 points, after sharing my Las Vegas partner, Mark Ricciardi’s multi-part series on selecting employment counsel. It is our hope that … Continue reading
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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Confusion About Safety Incentive Plans – Legal or Illegal?
Questions about Safety Incentive Plans have resurfaced in a number of discussions and blogs because of OSHA’s steadily increasing rhetoric against safety incentive programs that rely on injury data and/or whose incentives OSHA deems to be of sufficient magnitude to … Continue reading
Posted in aging workforce, construction, discipline and discharge, employer policies, government contracting, government inspections, incentive plans, manufacturing, OSHA, plastics, workers comp
Tagged attacks on safety incentive plans, discrimination claims, disparate impact, employee safety, employer benefit plans, employer policies, Fairfax osha memo on safety incentive plans, lawful safety incentive plans, osha and safety incentives, OSHA Inspections, retaliation against employees for reporting injuries, safety incentive plans
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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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Top Ten Ways To Hold A Company Party – Without Getting Sued
Top Ten Ways To Hold A Company Party – Without Getting Sued Date: December 3, 2012 By Michael Mitchell (Labor Letter, December 2012) With the Holiday Season in full swing, many employers ask us about the wisdom of holding company parties … Continue reading
Posted in construction, discipline and discharge, EEOC, employer policies, food processing, generational differences, government inspections, harassment, hospitality, manufacturing, plastics, recruiting, retail, social media, Uncategorized, workplace violence
Tagged company parties, CRIMINAL BACKGROUND CHECKS, discrimination claims, EEOC, employer policies, fast food restaurants, generational differences, retail workers, sued over company parties
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Howard Mavity 