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Employment Law

Denying FMLA leave: What’s a ‘key’ employee?

11/14/2009

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

H1N1 virus alert: Complying with the ADA during an emergency

11/13/2009

The H1N1 influenza virus has added a note of urgency to the need to understand the ADA’s privacy requirements. Although some of the rules are relaxed in emergencies, employers that use confidential medical information to discriminate against workers will have to answer in court for their actions.

When promotions are on the line, follow your criteria and beware supervisor bias

11/13/2009

When promotion processes bypass qualified candidates, discrimination lawsuits are almost sure to follow. That’s because employees can easily poke holes in complex candidate-ranking systems, and supervisor bias emerges when promotions are on the line. If you have set criteria for promotions, make sure you follow your own rules.

Intermittent leave no excuse for shoddy work

11/13/2009

When an employee is out on FMLA leave, employers have to be careful about balancing their need for full staffing so they can get the work done and the worker’s right to take leave. If missed work poses a problem, the best approach is to focus on specific work deficiencies that aren’t related to FMLA-protected absences.

Warn bosses: One wisecrack can mean trouble

11/13/2009

When supervisors and managers have to deal with an employee they perceive as trouble, emotions can take over. That’s bad news. Warn them that anytime they have to deliver bad news to an employee—for example, while disciplining or firing—they must refrain from making smart-aleck comments. Wisecracks are too easy to misinterpret, especially if the employee already thinks the employer is out to get him.

When employee suggests cheap accommodations, it’s worth your while to consider agreeing

11/13/2009

Sometimes, it makes sense to make an accommodation even if you aren’t entirely convinced the employee is disabled or that the accommodation will work. Think of it as a risk/benefit analysis. If the requested accommodation is easy to implement and doesn’t cost a lot, why not make it? It’s probably much cheaper than defending an ADA lawsuit.

Needing less stress at work isn’t enough to create an ADA disability

11/13/2009

Employees who suffer from some psychological disorders may need a less stressful environment. But if being stressed out at work is the only impairment the underlying condition causes, chances are they won’t meet the definition of “disabled” under the ADA. Therefore they aren’t entitled to an ADA accommodation.

Before assigning work based on employee and client race, double-check for bias

11/13/2009

Here’s a problem you might not see coming. Let’s say you have an employee who belongs to a protected class, and whose skills you believe will help when relating to others of the same protected class. Before you decide to assign work to the employee based on those skills, consider whether doing so is, in effect, unspoken segregation.

Don’t promise leave if worker isn’t actually eligible

11/13/2009

Employers that promise leave to employees who aren’t really entitled to it may be liable under state law if the employee relies on that promise to her detriment.

ADA return-to-work case costs Sears $6.2 million settlement

11/13/2009

Retail giant Sears will pay $6.2 million to disabled workers it refused to accommodate. The EEOC sued Sears after uncovering more than 100 employees who claim the company refused to discuss accommodations before firing them.