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Norman Hutton, a diabetic who worked for Portland, Ore. based chlorine manufacturer Elf Atochem North America Inc., sued for disability discrimination after he was terminated following a series of on-the-job hypoglycemic episodes. Elf claimed it didn’t have to keep Hutton in his job because his condition created a direct safety threat to the workplace—and now […]
Deborah Wells was employed by Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and another 12 to 15 employees. When Wells was terminated, she sued Clackamas under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. 400+ […]
We recently polled our CEA subscribers to determine how employers are managing employee cell phone use issues. Employers who responded had staff sizes ranging from five to more than 5,000. Cell Phone Use While Driving More than 96% of employers who responded said that some or all of their employees use cell phones to conduct […]
Gov. Davis has signed into law a sweeping measure that expands domestic partner rights on insurance, sick leave and other issues. The new law takes effect Jan. 1, 2002. Expanded Workplace Rights For Domestic Partners These are the measure’s key provisions that will affect employers: Domestic partner definition. Domestic partners will include opposite-sex couples if at […]
California employers have long faced complex discrimination issues because of the state’s diverse population. And now a recently enacted state law imposes new restrictions on employers’ ability to set workplace language rules. Language Restrictions Must Be Justified Under the new measure, A.B. 800, it’s illegal to adopt or enforce a policy that limits or prohibits […]
All employers, including state and local government agencies, will have to accommodate nursing mothers’ needs at work under a new law Gov. Davis has signed. A.B. 1025 takes effect Jan. 1, 2002. Meeting Breastfeeding Workers’ Needs Under this new measure, you must provide a reasonable amount of break time to accommodate an employee who desires […]
Jacalyn Thornton, a part-time reporter for the Fresno Bee newspaper, spent about one-third of her time working at a computer keyboard. After she developed a repetitive stress disorder and became unable to use a keyboard, the paper terminated her. She sued, contending that her discharge violated the Americans with Disabilities Act. The Ninth Circuit Court […]
Employees who qualify for federal family leave may take up to 12 workweeks of leave within a 12-month period. An employer may choose one of four methods to measure the 12-month timespan, such as a calendar year or a rolling 12-month period. Now, a new ruling from the federal Ninth Circuit Court of Appeals demonstrates […]
Many employers try to combat workplace bias with diversity programs that emphasize company commitment to respecting differences, such as sexual orientation. But suppose an employee refuses to participate in a diversity training program, citing religious or political beliefs. Can you discipline the worker? In a recent case, an employer faced just this situation. We’ll provide […]
Changes to California’s disability bias laws, which took effect Jan. 1, 2001, broadened the class of disabled persons to include those with conditions that make a major life activity “difficult.” This new definition of a disability is a more lenient standard than the “substantial limitation” of a major life activity that was previously required under […]