Tag: ADA

Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

Bill Would Lower Burden of Proof for Employees Bringing ADA, ADEA Claims

Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]

EEOC on the Lookout: Ensure Your Attendance Policies Are Legal

By Kelley E. Kaufman, Esq. These days, the Equal Employment Opportunity Commission (EEOC) is on the lookout for both inflexible leave of absence policies and no-fault attendance policies. While few employers welcome news of a targeted enforcement initiative, the best defense is a good offense. According to the EEOC, the Americans With Disabilities Act requires […]

In a Rare ADA Case Involving Bipolar Disorder, Worker Is Awarded $56K

A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]

Backburner Job Descriptions? Don’t Even Think About It

The California Employment Law Letter (CELL). is written by Mark I. Schickman, and Cathleen S. Yonahara, both attorneys at the law firm of Freeland Cooper & Foreman LLP in San Francisco. Defining Essential Job Functions Most employers use some form of job description, but many are cumbersome documents that have little practical value because they’re […]

5 Critical Components Every Job Description Must Contain

The California Employment Law Letter (CELL) is written by Mark I. Schickman, and Cathleen S. Yonahara, both attorneys at the law firm of Freeland Cooper & Foreman LLP. In San Francisco. A job description need not account for every task that might ever be done, says the CELL. Here are the most critical components of […]

Good, Bad, and Just Plain Weird Interviewing

Ever been caught off guard by a job interview question? Most people have because many employers have resorted to asking applicants questions that could be considered offbeat or even off the wall. Thomas Edison reportedly had a list of surprising queries he used when interviewing job applicants. Among his stumpers, as reported on the Mental […]

March 15: Effective Date of ADA Standards for Accessible Design

The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]