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It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding […]
Five years ago, the EEOC issued rules explaining which medical exams you could require and what health questions you could ask job applicants without running afoul of the Americans with Disabilities Act. Now, newly released guidance from the EEOC helps clear up some of the uncertainty employers face when these types of issues come up […]
It’s not unusual for employers to have a policy prohibiting workers from disclosing their salary to colleagues. And many a star employee has gotten a big bonus but been warned in hushed tones not to tell co-workers about it. What many employers don’t know is that both these practices are against the law. And, as […]
In the March 1998 issue of California Employer Advisor, we reviewed a decision by the Ninth Circuit Court of Appeal focusing on alleged secret genetic testing of employees at the University of California’s Lawrence Livermore National Laboratory. The court held that the workers could sue the lab for violating their privacy rights. Now the lab has […]
One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]
In a decision that could test the limits of the Americans with Disabilities Act, a federal court in Utah has ruled a worker’s sensitivity to strong fragrances may qualify as a disability. Glenda Davis had worked for a state tax agency for four years when she developed a sensitivity to fragrances that resulted in headaches, […]
Nearly 75% of employers nationwide—more than double the number from 1997—actively monitor employees’ phone calls, voice mail, e-mail, Internet use and computer files, according to a new survey by the American Management Association. The financial services industry had the highest incidence of electronic monitoring, with over 90% of employers engaging in such activities. The survey […]
At a hearing in Washington, D.C., earlier this month, the Internal Revenue Service heard opposing arguments on permitting employers to provide tax-free public transit benefits through cash reimbursement rather than vouchers or passes. As we’ve reported, proposed IRS rules would make it easier for employers to set up transportation spending accounts, which let you pay […]
Many employers have no-fault attendance policies, which call for discipline or termination after an employee has a certain number of absences – regardless of the reason for the time off. But as one employer recently found, these policies may conflict with the family leave laws. We’ll look at what happened and offer other alternatives for […]
The Department of Labor and the Department of Health and Human Services have issued guidelines explaining how to comply with the Women’s Health and Cancer Rights Act’s annual notice requirement. The notice explains that mastectomy-related services must be covered under health plans. It can be sent alone or with the summary plan description, a newsletter, […]