Return to Work Only When Cleared of Medical Restrictions—Is this a Problem?
Posted on November 15, 2017
Posted in Americans with Disabilities Act (ADA)the situation A company requires all employees returning to work from medical leave to be able to perform their essential job duties without any sort of accommodation—basically a 100% return-to-work policy. The policy applies across the board, no matter what the medical condition or what the employee’s position. Is this lawful? READ MORE
Does a Mandatory Retirement Age Equal Discrimination?
Posted on November 1, 2017READ MORE
So When Do You Need to Pay Employees For Breaks?
Posted on October 25, 2017READ MORE
Is it Okay to Give Women More Parental Leave?
Posted on October 19, 2017READ MORE
Can a Company Trade Services for Pay?
Posted on October 11, 2017READ MORE
“But I Was Just Kidding!” Is That a Defense to a Discrimination Claim?
Posted on October 4, 2017READ MORE
Could Denying A Request for an Extension of Medical Leave Violate the ADA?
Posted on September 27, 2017
Posted in Americans with Disabilities Act (ADA)the situation You have an employee who has been out on medical leave because of a serious health condition. But before his scheduled return-to-work-date, the employee requests an additional two months of leave to undergo further medical treatment. If you deny this request, could you be violating the ADA? READ MORE
Could Supervisor’s Statements Regarding Biracial Dating Create a Hostile Work Environment?
Posted on September 20, 2017
Posted in Hostile Work Environmentthe situation Caucasian employee has an African American spouse with whom she has several children. The employee’s supervisor begins complaining to her about his concerns that his daughter is dating an African American man and talking to her about the potential problems that might arise out of this relationship, including consequences within his extended family […] READ MORE
What Counts as Bad Faith Under the FMLA?
Posted on September 13, 2017
Posted in Family Medical Leave Act (FMLA)the situation An employee requests to use a month of FMLA leave based upon an injury and the request is approved. The employee tells HR that she has an appointment with her doctor on the day before she expects to return (which happens to be a Friday). During that doctor’s appointment, the employee is […] READ MORE
Two Week Countdown to Start Using Revised I-9 Form
Posted on September 6, 2017
Posted in I-9the situation In July of this year, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9 for employers to use to establish the eligibility of individuals for employment under the Immigration Reform and Control Act. Although this new form has been available since July 17, until September 17, employers had the […] READ MORE