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Employment Law

You can provide ‘Accommodation’ without admitting disability

10/01/2007

Even if you aren’t positive an employee’s problems amount to a disability, don’t worry about offering an accommodation. You aren’t admitting the employee is disabled, nor are you “regarding” him or her as disabled. You can still challenge the disability without ADA liability …

EEOC discrimination letter? It’s not the final word

10/01/2007

The EEOC is the first stop in a Title VII discrimination case, but not the last. Often, the agency will say there’s no case. Sometimes, however, it will issue a letter stating “determination that discrimination took place.” But that decision is by no means final. When the case goes to federal court, judges are free to ignore the EEOC’s determination …

Georgia-Pacific’s literacy test fails to make the grade

10/01/2007

The U.S. Labor Department recently ruled that Georgia-Pacific’s use of a literacy test to screen applicants for jobs at its paper mills is discriminatory. The reason: Paper-mill workers don’t need to read well and black applicants are far more likely to fail a literacy test than whites, the department said …

Streaming Faith faces multimillion-Dollar lawsuit

10/01/2007

Rodney Sampson, co-founder and former CEO of Streaming Faith and its parent company, the Christian-media giant Multicast Media Technologies, has filed a multimillion-dollar lawsuit against the company alleging wrongful termination and race discrimination …

Don’t forget—New rules in place for new hires

10/01/2007

As of July 1, Georgia public employers and the contractors and subcontractors that provide services and goods for public employers are required to comply with the Georgia Security and Immigration Compliance Act of 2006. The Georgia Department of Labor has promulgated new rules requiring employers to provide employment eligibility verification to the U.S. Department of Homeland Security …

UPS extends benefits to NJ civil-Union partners

10/01/2007

Atlanta-based UPS announced it will extend health care benefits to the civil-union partners of hourly employees in New Jersey, saying it has “received clear guidance that at least in New Jersey, the state truly views civil-union partners as married,” a company spokesman said …

Creating an effective blog policy to limit employer liability

10/01/2007

Employment lawyers have been warning for some time that blogs will one day be a volatile issue in the workplace. Recent events show that day has arrived. For example, a member of the Cherokee County, GA, Planning Commission provoked a firestorm of controversy after an online post she made advocated dismantling Israel to achieve peace in the Middle East. The outcry forced her to resign …

Mandating New-Age spirituality at work can trigger an Old-School lawsuit

10/01/2007

While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities …

Accommodation process limited to current, open positions

10/01/2007

The ADA requires employers to make reasonable accommodations for disabled workers. That can mean modifying the employee’s existing job so he or she can perform the essential functions. But disabilities can change over time, and an accommodation that’s worked for years may stop working. If that’s the case, the disabled employee and his employer are both obligated to engage in another interactive accommodations process. However, if the discussions reveal that no amount of accommodation will allow the employee to do the job satisfactorily, it’s time to look for other solutions …

Refusing to hire former criminals: Is it race discrimination?

10/01/2007

Does your organization have a blanket policy of refusing to hire any applicant with a criminal record? If so, make sure you can explain exactly why. A recent Pennsylvania court ruling shows that across-the-board “no ex-cons” policies can quickly run into legal trouble unless you can prove the restriction for a specific position was “job-related and consistent with business necessity” …