Employment Law

Deaf candidate wants interpreter? Listen up

October 18, 2018
What would you do if a job candidate you brought in for an interview told you he was deaf and needed an interpreter to continue the process? If you answered “I don’t know, because I don’t know much about that”—beware.
Read the full article →

Employees’ frequent toilet breaks may be a medical issue

September 19, 2018
Home improvement giant Home Depot has agreed to settle a disability lawsuit for $100,000 when it fired an employee for leaving her post to make emergency runs to the restroom.
Read the full article →

Can poking fun at a regional accent rise to the level of harassment and discrimination?

August 28, 2018
Q: “We have an employee with a thick Boston accent. Several of his co-workers imitate him, like ‘Where did you pawk your caw today?’ He doesn’t seem to mind, but I can’t really tell. Since there aren’t any protected characteristics at play—such as race or national origin—would that type of ribbing get us in trouble if we don’t stop it?” – Kevin, Maryland
Read the full article →

Slower pace not a reasonable accommodation

August 6, 2018
Employers are supposed to offer reasonable accommodations so disabled employees can perform the essential functions of their jobs. That doesn’t mean, however, that disabled employees can insist on lower production standards or the ability to do their jobs at their own pace.
Read the full article →

Ensure job application process is clear and easy to understand

August 6, 2018
Is your hiring process clear? Do candidates understand exactly what they need to do to be considered for a job or promotion?
Read the full article →

No unemployment for man who wanted to beat up boss

July 31, 2018
A Pennsylvania judge has refused to grant unemployment benefits to a former employee who was fired for challenging his supervisor to a fist fight in the parking lot after work.
Read the full article →

When workers are sent home due to an issue with the building, are they still paid?

July 23, 2018
Q: “Our building experienced a water main break that shut down our restrooms. Since OSHA requires restroom facilities for employees, we sent everyone home. Exempt employees still receive their salaries, so they’re paid for the day. Do we need to pay our hourly workers who performed no work that day?” – Calvin, Virginia
Read the full article →

No, you can’t make staff divulge their meds

July 19, 2018
The EEOC has filed a lawsuit against a Texas employer that requires all its employees to report every medication they take, both prescription and over-the-counter drugs.
Read the full article →

Beware medical tests that regard applicants as disabled

June 20, 2018
A Portland, Maine, trucking company is embroiled in an Americans with Disabilities Act lawsuit after it rejected applicants for driver positions based on their inability to pass a “back assessment” test.
Read the full article →

We made worker stay late to clean mess: Do we need to pay him overtime?

May 16, 2018
Q. One of our workers made a mess near the end of his shift. We told him he needed to clean it up before he left. Do we need to pay him overtime?
Read the full article →