Being fair does not mean treating everyone the same

If you have been in HR for any time you know that there is a misperception that everyone has to be treated the same in order to be “fair.” If only it were that easy. Employees bring different circumstances to every situation therefore the HR person has to consider those circumstances. The EEOC realizes this …

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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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Don’t make fun of the “cripple”, it will cost you!

There is an insurance company commercial that points out “that words can hurt you” despite an old saying. A company in Illinois found that out the hard way this is a true statement, in this particular case the word “cripple.” Their lesson cost them $15,000. The case The Equal Employment Opportunity Commission (EEOC) brought suit …

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How by doing good you can do right by your company

I received an email that started off “What if I told you that you could help 23 million people today?” I knew it was not junk mail because I recognized the name of the company. So it intrigued me and I looked further into this subject. This blog post is the result, because I too …

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Another case of stupid HR?

The EEOC has announced that they have filed a lawsuit against Dollar General for a violation of the Americans with Disabilities Act. The specifics of the case, as stated by the EEOC, seem to point to a case of stupid HR. The specifics At the Maryville, Tennessee store a cashier suffered from insulin-dependent diabetes. At …

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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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The Interactive Process under the ADAAA means you actually have to talk to someone.

  In a recent webinar attorney Steve Luckner, of Ogletree Deakins, was talking about the intersection of the ADA, FMLA and Workers’ Comp laws. In his discussion he mentioned the requirement of the interactive process under the ADAAA. He mentioned something that I have heard in other presentations. Companies are not paying attention to the …

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Can you perform the essential functions with or without a reasonable accommodation? Will a reserved parking spot help?

  The title of this blog post, at least the first sentence, is a question that every HR interviewer should ask at the end of an interview. By asking this question most employers would think that they are asking a question about an accommodation that directly applies to the essential function itself. A recent court …

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