By Eric B. Meyer
I recently read this CareerBuilder poll, which found that the majority of workers don’t aspire to leadership roles. Here are the numbers:
- One in five (5) workers (20 percent) feel his or her organization has a glass ceiling — an unseen barrier preventing women and minorities from reaching higher job levels.
- However, when looking only at workers who aspire to management and senior management positions, the percentage increases to 24 percent and is even higher among females (33 percent), Hispanics (34 percent), African Americans (50 percent) and workers with disabilities (59 percent). Read more…
By Eric B. Meyer
You have an employee handbook, an anti-harassment policy, training, the whole nine yards.
But sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of harassment based on [insert protected class here].
All the measures you’ve already installed mean nothing unless you respond to the that complaint appropriately. Read more…
Cue the Western music….
A lot of employers are nervous about a new villain riding into town called “Ban the Box.” It refers a movement that has been successfully convincing legislators to force employers to remove the box on job applications that asks applicants the question “Have you been convicted of crime?”
There has been a real showdown between advocates and opponents of Ban the Box, oftentimes with employers caught in the middle.
So what are the pros and cons of Ban the Box, and how do organizations avoid having things turn ugly? Read more…
By Michael J. Lotito
A day after the U.S. Senate returned from its summer recess, the Senate Committee on Health, Education, Labor and Pensions held a hearing to discuss the nomination of former recess appointee Sharon Block to be a member of the National Labor Relations Board.
President Obama announced his intent to re-nominate Block to the NLRB in July. Block previously served as a member of the Board from January 2012 – when the President seated her and two other members via recess appointment – until the summer of 2013, when her nomination was withdrawn as part of a Senate deal to allow votes on the five current NLRB members. Read more…
By Eric B. Meyer
Your fitness-for-duty employee medical examinations are job-related or consistent with business necessity. So, they pass muster with under the Americans with Disabilities Act. But, what about the medical information you request from employees in connection with the exam?
Oh yeah, there’s that too…
So, might you be violating not only the ADA, but also the Genetic Information Non-Discrimination Act? Read more…
By Eric B. Meyer
The Americans with Disabilities Act requires that employers provide reasonable accommodation to employees with disabilities when doing so will allow them to perform the essential functions of their job.
In Assaturian v. Hertz Corp., the plaintiff had a series of ailments, which the defendant admitted were ADA disabilities. But, one of the symptoms of these disabilities were angry outbursts, which were directed at subordinates.
(The parties agreed that the plaintiff had anger issues, but disagreed about whether the plaintiff had made the defendant aware of either this disabilities or the symptoms of those disabilities). Read more…
By Howard Mavity
Electronic communications are a mixed blessing.
Business is more efficient and new ways of commerce continue to open. However, ubiquitous electronic communications have eroded our personal time and presented near-addicting distractions.
From a legal standpoint, electronic communications, and especially email, not only creates damaging evidence but may even contribute to legal claims. Read more…
By Russell D. Chapman
The U.S. Equal Employment Opportunity Commission has filed its first lawsuit directly challenging the operation of a wellness program.
In EEOC v. Orion Energy Systems, the EEOC alleged that the employer imposed a wellness program on its employees in violation of the Americans with Disabilities Act.
According to the complaint filed Aug. 20, 2014 in the U.S. District Court for the Eastern District of Wisconsin, the EEOC claims that the defendant, Orion Energy Systems, administered a wellness program in which employees were asked to complete a health risk assessment, which included questions regarding medical history and blood work. Read more…
By Sandra S. Moran
The U.S. Equal Employment Opportunity Commission’s efforts to enforce the 2008 American with Disabilities Amendments Act have certainly not waned as it continues to challenge leave policies.
Armed with a recent $1.35 million settlement to dismiss a disability discrimination lawsuit filed by the EEOC (EEOC v. Princeton Healthcare System), employers should evaluate their policies and procedures regarding leave to ensure they comply with the ADA.
This is especially true for health care providers, as the EEOC has shown less tolerance for ADA violations in the health care sector given the fact that they expect health professionals to be particularly understanding of those with disabilities. Read more…