ADA: No need to create new job as accommodation

January 24, 2019
When workers need time to heal from workplace injuries, many employers accommodate temporary restrictions by assigning them to light-duty tasks until they’re ready to resume their old jobs. But if the restrictions become permanent, the employer doesn’t have to create a permanent light-duty job.
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Telecommuting trouble lurks across state lines

January 24, 2019
Do you allow employees to regularly work from home? Be careful if one of them lives in another state. You could be subject to that state’s jurisdiction and employment laws.
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Never ignore lawsuits, even ridiculous ones

January 4, 2019
Every now and then, an applicant or employee will file a lawsuit that makes no sense. Whatever you do, don’t just ignore it.
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Harassment victims suffer negative consequences for complaining

December 18, 2018
Employees who file sexual harassment complaints often face harsh outcomes, with 65% losing their jobs within a year, and 68% reporting some form of retaliation by their employer.
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How would this baby-bonding time situation be covered?

December 17, 2018
Q: “A client (over 50 employees) hired an employee in March 2018. His live-in girlfriend had a baby in July 2018. He has requested intermittent FMLA starting in February 2019. He wants to take every Thursday and Friday off as FMLA to care for his daughter so his girlfriend can go to school. Does this qualify as FMLA? I understand that intermittent FMLA may not be taken for the care of a newborn. Would New York’s Paid Family Leave be applicable?” – Kenneth, New York
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A new protected class? Don’t have a cow! Yet

December 11, 2018
A British employment tribunal is expected to hear a case brought by a man who alleges he was unlawfully sacked because he is a vegan.
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Religion: Extended leave may be undue hardship

November 28, 2018
Employers must reasonably accommodate employees’ religious practices, as long as it does not cause an undue hardship.
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While you must accommodate disabilities, you don’t have to tolerate chronic absenteeism

November 14, 2018
Employers must reasonably accommodate disabled workers so they can perform the essential functions of their jobs. But at what point does absenteeism make it impossible for the worker to perform the job?
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Beat bias lawsuits by showing you enforce attendance rules fairly and impartially

November 14, 2018
Courts like to see employers use fair, business-related reasons for discipline. A neutral no-fault attendance policy, applied evenhandedly to all workers in the same job classification, is very likely to stand up in court.
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EEOC inquiries up 30% in FY 2018

November 13, 2018
The EEOC fielded 30% more inquiries from the public in fiscal year 2018, which ended Sept. 30.
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