Archive for December 2023
A USERRA Leave Primer for Employers
Employers rely on consistent employee attendance to keep their businesses running properly. The best-laid plans can be disrupted by employee absences leaving a gap in satisfying their customers’ needs. As a result, employers rely on reasonable and enforceable attendance policies to support their operations. Those attendance policies must make room for appropriate employee time off…
Read MoreMandatory Retirement or Medical Exams Based on Age?
Last week, the Equal Employment Opportunity Commission announced a $6.875 million settlement (ouch!) with Scripps Clinical Medical Group over its mandatory retirement age policy. Which reminded us that the EEOC has also sued Yale New Haven Hospital for its “Late Career Practitioner Policy,” requiring certain doctors age 70+ to undergo certain medical testing. According to…
Read MoreEEOC Issues Updated Guidance on Workplace Harassment
The U.S. Equal Employment Opportunity Commission (EEOC) issued proposed guidance entitled “Enforcement Guidance for Harassment in the Workplace” for employers enforcing laws that prohibit workplace harassment. The guidance, which the EEOC published in the Federal Register on October 2, 2023, provides the legal standards for workplace harassment claims and updated examples to illustrate situations that…
Read MoreAt a Glance: Hiring Employees in USA
Background information on applicants Background checks Are there any restrictions or prohibitions against background checks on applicants? Does it make a difference if an employer conducts its own checks or hires a third party? Federal law does not generally restrict background checks of applicants and employees provided that the employer conducts the check directly rather…
Read MoreCOVID Vaccine Class Action Reminds Employers to Individually Consider Accommodations
Tyson Foods, Inc. (“Tyson”) is no stranger to religious accommodation lawsuits over the impact of its COVID-19 vaccine mandate given its continued efforts to operate through the height of the pandemic in 2021—but the battle just heated up with a proposed class action complaint filed in the Eastern District of Arkansas. Tyson’s recent troubles derive…
Read More7th Circuit Rules ADA May Require Accommodations for Commuting Employees
An employee at Charter Communications LLC worked a 12:00 – 9:00 p.m. shift at a call center about one hour away from his home. After he was diagnosed with cataracts and his optometrist advised him not to drive at night, he asked Charter to change his shift so that he no longer had to drive…
Read MoreJingle all the Way… To Court: An Employer’s Checklist for Holiday Parties
It’s the most wonderful time of the year! But for HR professionals, it can be the most stressful. While organizations throughout the country are preparing to hold their annual holiday celebrations, employers may unwittingly overlook some critical steps to ensure a safe, festive and hopefully liability-free celebration for their employees. Therefore, while planning holiday events,…
Read More“Unlimited Sick Time, Without Penalty, Is Not a Reasonable Accommodation”
At least, not when in-person attendance is an essential function of the job, according to the U.S. Court of Appeals for the Seventh Circuit (which further noted that it is generally an essential function of many jobs). Accordingly, requiring an employee to use her existing sick time to cover disability-related absences did not violate the…
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