by Martin Salcedo, Esq. - The Human Equation
on 7/9/2014 When has an employer done enough to avoid liability for disability discrimination? Though hard and fast rules are rare in employment discrimination cases, particularly those involving disabilities, the Tenth Circuit Court of Appeals recently held that employers are almost never required to provide more than 6 months leave to an employee with a disability.
The quality versus cost argument is nothing new especially when it comes to insurance. Consumers who pay less tend to get less, whether in the form of coverages, limits or financial security. And, when people choose cost over quality, it usually means they are uninformed about what they really need.
In Hwang v. Kansas State University, an assistant professor working under a one year employment contract was diagnosed with cancer. KSU gave Ms. Hwang a six-month paid leave of absence so she could get treatment. On the advice of her doctor, Ms. Hwang requested additional time off. According to Ms. Hwang, KSU refused her request and effectively terminated her employment.
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Tags: 2014, ADA, Americans with Disabilities Act, Civil Rights Act, Employee Relations and Communication, employee relations and diversity, Employee Status and Job Descriptions, Employment Liability, Florida, government forms, Human Resources, Laws and Regulations, Leaves of Absence, Risk Management, Rules and Conduct, United States Department of Labor, Workplace Rights, Hwang V. Kansas, Kansas State University
Categories: 2014, Human Resources
by Martin Salcedo, Esq. - The Human Equation
on 6/4/2014 Though dealing with a disgruntled employee can be hard, various anti-retaliation protections make it even harder when an employee’s complaints or conduct is protected by law. A 2013 Congressional Report identified 40 different federal whistleblower and anti-retaliation laws, including:
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Tags: Civil Rights Act, FLSA, employee relations and diversity, Employment Liability, Employee Status and Job Descriptions, Equal Employment Opportunity Commission, Fair Labor Standards Act, Hiring, Human Resources, Laws and Regulations, Productivity and Performance, Reasonable Break Requirement, Reassignment, Risk Management, Rules and Conduct, the employee polygraph and protection act of 1988, The Family and Medical Leave Act, Title VII, Title VII Civil Rights Act, Title VII of the Civil Rights Act of 1964, Workplace Rights, 2014, Americans with Disabilities Act
Categories: 2014, Human Resources
by The Human Equation, Inc.
on 10/13/2010 Does the Americans with Disabilities Act (ADA) require me to provide a reasonable accommodation for a probationary employee who qualifies as an individual with a disability? More...
by The Human Equation, Inc.
on 9/19/2010 The purpose of the Americans with Disabilities Act (ADA) is to generate and protect employment opportunities for individuals living with a disability. More...
by The Human Equation, Inc.
on 11/16/2009 For the most part, the only time any real thought and effort goes into drafting a job description is when a job vacancy needs to be filled. More...
by The Human Equation, Inc.
on 1/14/2009 Does the passage of the ADA Amendments Act of 2008, which went into effect on January 1, 2009, diminish the importance of having detailed, well-written job descriptions for the purpose of helping employers defend against claims brought under the Americans with Disabilities Act (ADA)? More...
by The Human Equation, Inc.
on 12/28/2008 Our company, which is subject to the Americans with Disabilities Act, is in the process of adjusting our internal policies and procedures to comply with the ADA Amendments Act of 2008 (ADAAA). More...
by The Human Equation, Inc.
on 11/20/2008 One of my employees was recently diagnosed with a form of epilepsy that makes it unsafe for him to drive his delivery truck. Does this employee’s inability to drive due to his epilepsy entitle him to protection under the Americans with Disabilities Act? More...
by The Human Equation, Inc.
on 11/13/2008 One of my employees has asked that an accommodation be made for the employee's legally recognized disability. More...
by The Human Equation, Inc.
on 9/18/2008 Some of my mid-level supervisors have a habit of hastily and inattentively preparing performance appraisals for employees they supervise. Might their carelessness eventually prove harmful if an employee terminated for cause files a discrimination lawsuit against my company? More...
by The Human Equation, Inc.
on 6/27/2008 Does the Americans with Disabilities Act (ADA) require me to provide a reasonable accommodation for a probationary employee who qualifies as an individual with a disability? More...
by The Human Equation, Inc.
on 6/16/2008 One of my employees has requested a modified work schedule to care for his wife, who was rendered paraplegic by an automobile accident. Am I required to provide such an accommodation under the "association discrimination" provision of the Americans with Disabilities Act? More...
by The Human Equation, Inc.
on 5/30/2008 One of my employees has recently been diagnosed with diabetes. Does this employee automatically become entitled to protection under the Americans with Disabilities Act as a result? More...
by The Human Equation, Inc.
on 5/22/2008 When terminating an employee, I try to prevent a negative or humiliating confrontation by giving a neutral reason for the termination rather than stating outright that the actual cause is the employee's poor performance. More...
by David Khan
on 12/31/2003 In 1990, Congress enacted the Americans with Disabilities Act (ADA). This federal legislation prohibits employment discrimination against individuals with disabilities, and all supervisors and managers responsible for hiring, firing, and accommodating employees should be trained in ADA compliance. More...