“No Fault” Attendance Policies Must be Managed

A lot of companies like to use “no-fault” attendance policies because they are easier to administer, generally easy to understand, reduces the chances of favoritism, doesn’t require a lot of policing of reasons for absences and treats the employees as adults by making them responsible for their actions. If only it was really that easy …

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Talking about an employee’s medical condition

I am sure most everyone with “HR” in their title knows that it is improper to talk about an employee’s medical condition. However, not everyone understands that and many people are prone to talk about other people without much provocation at all. However, not even many HR people know that talking about an employee’s medical …

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Out dated personnel practices can cost you!

I titled this “personnel” practices rather than HR practices because, as you will see, what this company did reflects pre-2000 ways of thinking. Many companies still operate this way and they are bound to suffer for it at some point. Pre-hire medical forms The Americans with Disabilities Act has been around since 1990. In the …

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Scary and Frightening: The #ELBC Carnival for October

Sometimes errors are made and you misread things. Actually you read things too fast and come to the wrong conclusion. Well that happened to me. I concluded that the #ELBC Employment Law Blog Carnival was to be published much earlier than it was supposed to be. I published it on the date that was the …

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One big mistake to avoid with disabled employees

The EEOC (Equal Employment Opportunity Commission) has been very active suing organizations for disability discrimination of late. In all three cases the employers made the same big mistake. Cases The EEOC has sued one grocery store and two hospitals for disability discrimination. In the case of the grocery store clerk she suffered a work related …

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Common sense could save you time, money and a lawsuit

The old saying is that common sense isn’t so common seems to hold true in many employment discrimination lawsuits. Wouldn’t seem to be common sense to allow an employee to periodically sit for short periods during the day as a reasonable accommodation? Apparently one company didn’t think so. Fired the employee rather than let her …

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What can a disabled comedian teach HR?

A favorite speaker and host of a weekly video, Marie Forleo, posted a video the other day that moved me. I usually find Marie’s guests very interesting. She has guests on that talk about things like making habits stick, how to be successful, how to overcome jealousy, the fear of success, how to continually come …

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Terminations after extended leave is NOT a sure thing

  Many a company has a policy that says something to the effect of “If you have been on leave for 3 months, six months, one year, etc. your employment will be terminated.” If you are one of those companies you can no longer have that automatic termination policy. Unfortunately this puts a big burden …

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Pregnancy Disability Discrimination a KEY Target of EEOC

According to the EEOC’s 2012 Strategic Enforcement Plan pregnancy discrimination, particularly when it applies to discrimination on the basis of a pregnancy related disability, is a major target for investigation in 2013 and beyond. Related disability We all know that under Title VII, as amended by the Pregnancy Discrimination Act, it is illegal to discriminate …

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