Search / Found (38)
The law does not guarantee a perfect workplace. Courts do not want to be super-human resource departments, potentially reviewing every slight felt by employees.
As noted in the past, federal law prohibits employment discrimination based on religion.
One given principle of the Americans With Disabilities Act provides that employee medical information obtained from “medical examinations and inquiries” must be treated as a confidential medical record. The issue is what is an inquiry?
In order to be protected under the Americans With Disabilities Act, the employee must be able to perform the essential functions of the job, with or without reasonable accommodations.
Under the Family and Medical Leave Act, a covered employer must give a qualified employee FMLA leave to care for the employee's family member(s) with a serious health condition.
In previous articles, we have discussed the Uniformed Services Employment and Reemployment Rights Act. A recent case held that under USERRA, an employer can terminate a returning veteran.
Pursuant to the Americans With Disabilities Act (ADA), in order to be protected, the employee must be qualified to perform the duties of her job.
In our last article, we discussed age discrimination claims. Today, we will examine one key defense available to employers.
As the workforce ages, we can expect to see an increase in age discrimination claims in the workplace. A recent case shows how these claims can arise.
In our last article, we discussed whether transferring a qualified disabled employee to a vacant job position was a required reasonable accommodation under the Americans With Disabilities Act.
Under the Americans With Disabilities Act, or the ADA, an employee with a disability must be able to perform the essential functions of her job, with or without accommodations. Determining a job's "essential functions" can be critical.
The Family and Medical Leave Act is one of the most difficult statutes for employers to work with.
As we have noted in the past, employees can allege hostile work environment claims based on race or national origin.
Immigration reform has been a hotly contested issue. President Obama's recent executive order further focused attention on the status of individuals who are illegally in the United States.
Common sense would seem to suggest regular attendance is an essential function of every job. This is an important concept.
Surveys suggest a substantial percentage of employers routinely use criminal background checks when hiring new employees. The Equal Employment Opportunity Commssion has just issued new guidelines, which limit this use.
In a typical retaliation case, an employee will claim an adverse employment decision, often termination, was in retaliation for the employee having exercised a protected right.
In order to comply with the Americans With Disabilities Act, or ADA, employers must carefully consider all requests for reasonable accommodations from employees with disabilities.
President Barack Obama's announcement that our soldiers in Iraq will return by year's end refocuses attention on the re-employment rights of employees who were called into active duty.
For employers, it is difficult to comply with just one of the employment statutes we often discuss. Just think how difficult it is when the employer must coordinate two or three statutes at the same time.
In previous articles, we have noted that claims of retaliation are increasing. Employers face great risk in these claims, especially when an adverse employment action falls close in time to an employee's exercise of a protected right.
In the 17th century French fable, The Monkey and the Cat, a monkey convinces a cat to pull chestnuts from a fire. The cat burns his paws.
To prevail on a sex discrimination claim, a female employee must demonstrate that similarly situated men, subject to the same company policy, were treated more favorably.
There was a time when most litigation arose at intersections, when cars, and later attorneys, collided. Now, unfortunately, the workplace is the most fertile place of litigation.
Same-sex sexual harassment claims are rare. However, this type of harassment can be unlawful.
In a sexual harassment case, the conduct complained of must be "unwelcomed." Can this element ever be proven in a case where a male employee complains he is being harassed by a female co-worker?
In order to establish her claims of a sexual based hostile work environment by non-supervisory co-workers, a female employee needs to show that she was subjected to unwelcome sexual harassment and that the harassment was based on her sex.
It is imperative that employers have adequate anti-harassment policies, that the policies are publicized and that supervisors are trained in them. But even the best written policy fails when not enforced.
This is the third article relating to the Americans With Disabilities Act. This time we examine the obligation to provide reasonable accommodations. Once an employer receives a request for a reasonable accommodation, it should open up a dialogue with the employee toward the end of finding a …
In previous articles, we have noted that at the heart of the Americans With Disabilities Act (ADA) is the obligation of employers to provide reasonable accommodations to help disabled employees perform the essential functions of the job.
Last time, we revisited the Americans With Disabilities Act and what constitutes a disability. In a recent case, the ADA issue related to the circumstances when an employer can terminate an employee with a known disability.
Typically, a progressive discipline policy provides that corrective action usually starts with a verbal warning, followed by a written warning, then a final warning and ultimately termination.
We have frequently written about the Americans With Disabilities Act.
This is the 12th anniversary of the passage of the Americans with Disabilities Act ("ADA"). In this column, we frequently discuss the ADA, in large part because so many new cases are being filed under it.
As we noted a few months ago, the United States Supreme Court ruled under the Americans with Disabilities Act whether an employer must violate its seniority system in order to provide a transfer to another job as a reasonable accommodation.
As a general statement, pregnant employees are not entitled to special workplace treatment, but they are entitled to the same treatment as workers with other medical conditions. The specific law containing this protection is the Pregnancy Discrimination Act.
Eligible employees of employers covered by the Family and Medical Leave Act are entitled to up to 12 work weeks of unpaid leave during a 12-month period for a number of specified reasons.
As noted sometime ago, this term the United States Supreme Court heard arguments in three cases involving the Americans With Disabilities Act. This past week, the court issued its opinion in the second of the three cases.
Follow The Times
Geothermal heating and cooling systems use 40-60% less energy than conventional systems. Learn more about what it might save you today!
Large or small, K's Construction & Roofing Inc. can do all…
Time for teeth cleaning and whitening? Let us take care of you!!!
If you mention this ad, you'll receive 20% off!
One coupon per customer, not applicable with any other discoun…
In Today's Paper
Should college students be required to do community service projects that put theories into practice?
- LIVE: RailCats morning game vs. WichitaMay 22, 2013 10:45 am
- LIVE: RailCats vs. Wingnuts in first early game of the seasonMay 21, 2013 10:45 am
- PREP BASEBALL: Roosevelt forfeits sectional game before postseason beginsMay 21, 2013 8:36 am
- FIRST PITCH: Opening day, Michelle FieldsMay 16, 2013 7:30 pm