We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #5: Interview Best Practices. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct,
Age Discrimination in the Workplace: How to Keep Baby Boomers Happy
This was originally posted on November 7 and has been updated to include the more recent article.
I recently discussed the potential for age discrimination in the workplace when companies focus too much on recruitment of young employees. The article argues that by focusing solely on young talent, organizations miss out on the “perspective” and
Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?
Managing an employee who is struggling with alcoholism or substance use disorder can be challenging for employers. While both conditions could be protected under the Americans with Disabilities Act Amendments Act (ADAAA), there are differences in how each condition is treated under the law.
Understanding these differences is essential for any HR professional in implementing a plan after discovering that an employee’s work performance or ability to work is being affected by alcoholism or substance use.
Continue Reading Are Employees with Alcoholism and Substance Use Disorder Protected under the ADAAA?
No-Nicotine Hiring Policies
In light of U-Haul’s recent announcement it will no longer hire nicotine users in many states, I recently discussed the laws governing this company policy. Many states, such as Tennessee, implemented laws decades ago that protect smokers.
However, as I stated in the article linked below, Tennessee’s “statute is silent as to whether this protects someone from not being hired.” My take is that “employers will likely be watching closely how refusing to hire smokers pans out since there are many other lifestyle choices that affect health.”
Conducting Workplace Investigations: Step #4 – Perfect the Plan (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #4: Perfect the Plan. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct,
Don’t Miss Our Labor & Employment Law Seminar in Memphis: Guidance for Managing Accommodation Issues Under the ADA
Join us for a complimentary seminar where we will review a broad range of topics pertaining to accommodation issues under the ADA and provide guidance for employers managing these issues.
7:30 a.m. – 8:00 a.m. Registration and Breakfast
8:00 a.m. – 10:00 a.m. Program
Our panels will cover a broad range of topics, including:
- How
Conducting Workplace Investigations: Step #3 – Plan the Process (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #3: Plan the Process. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate
Conducting Workplace Investigations: Step #2 – Interview the Complainant (VIDEO)
We are excited to share the next installment of our video series, Conducting Workplace Investigations | Step #2: Interview the Complainant. This series, 10 Steps Every Company Should Take When Conducting Workplace Investigations, is intended to guide HR leaders faced with investigating a complaint between coworkers, such as harassment or inappropriate conduct,
What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?
Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability.
The ADA requires employers to provide reasonable accommodations to qualified applicants or employees. A “reasonable accommodation” is defined as assistance or a change to a position or workplace that accommodates employees with disabilities so they can do the job without causing the employer undue hardship, such as too much difficulty or expense.
Use the Interactive Process to Determine Reasonable Accommodation
In order to determine the appropriate reasonable accommodation, employers and employees must engage in the interactive process, which requires communication and good-faith exploration of possible accommodations. An employer that acts in bad faith in the interactive process may be liable if it can be reasonably concluded that the employee would have been able to perform the job with a reasonable accommodation.
It’s a two-way street: an employee must also make a good faith effort to comply with any of the employer’s reasonable requests.
Continue Reading What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?
What Is the Impact of a Partial Commissioner Panel at EEOC?
I recently discussed the disadvantage of having a partial panel of commissioners at the U.S. Equal Employment Opportunity Commission (EEOC). Historically, the EEOC is comprised of five commissioners; however, the current panel only has three. Some argue this has hindered the EEOC’s ability to adequately investigate and file lawsuits to combat discrimination among the nation’s