Monthly Archives: October 2009

FORM OF THE MONTH

PHYSICIAN RETURN-TO-WORK RELEASE FOR OCCUPATIONAL INJURY/ILLNESS (PDF) Use this form to make sure that anyone returning to work in a light duty position is fit for duty. (HR That Works Users can access this form in Word format by logging on to the site).

EEOC APPROVES NOTICE OF PROPOSED RULEMAKING

The Equal Employment Opportunity Commission has voted to approve a Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the Amendments Act of 2008. The NPRM was just published in the Federal Register on September 23, 2009. Relevant documents are available on the JAN Web site and the EEOC Web site.

HIRING THE DISABLED

There is nothing nobler than being of service to someone who needs help. Many employers will proactively seek out disabled job candidates, knowing that they tend to be loyal and dedicated workers – and that there are federal, state, and other funds available to help hire them. As the saying goes, “no good deed gets… Read more »

OVEREXPOSED

This summer’s protests in Tehran have made it clear to both political and business leaders the reality that there is no hiding in the Internet age. Like it or not, transparency is a growing fact of life; you and your company can be discussed on Facebook, MySpace, Twitter, YouTube, blogs, and thousands of other places… Read more »

THE ADA AND LIGHT DUTY

Employers often get confused when it comes to “light duty” work comp assignments and ADA accommodation requirements. An accommodation is a “modification or adjustment to the workplace” necessary to enable an employee to complete the essential job functions of their position. An employee may request an assignment from a position that they can’t manage to… Read more »

WHAT WAS THE ‘REAL REASON’ FOR THE EMPLOYER’S ACTIONS?

In almost every employment lawsuit, especially those involving terminations and non-promotions, an employee claims that the employer’s decision was either wholly or partially motivated by discriminatory intentions. Of course, the employer will inevitably respond that its action had nothing to do with discrimination and everything to do with the employee’s poor performance, the company’s finances,… Read more »

DO YOU KNOW ABOUT THE ADA’s ASSOCIATION PROVISIONS?

More ADA “association discrimination” cases are being filed. The association provision of the ADA is based on an employee’s relationship with a person who has a disability. For example, a company may not refuse to hire a job applicant based on their concern for the applicant’s caring for a disabled person. Likewise, companies may not… Read more »

MANAGING IN A CHALLENGING ECONOMY

A recent white paper by the Society for Human Resource Management discussed a number of subjects related to managing in a challenging economy. In the report, the SHRM discussed the importance of analyzing behavioral competencies in organizations and encouraged HR manager to focus on four tasks: Identifying behaviors needed for knowledge-based competition Ensuring that the… Read more »

EMPLOYER MAKES A MILLION-DOLLAR FMLA MISTAKE

In Dotson vs. Pfizer, decided by the Fourth Circuit Court of Appeals, a company was found to have violated the FMLA when they fired an employee who was, at the time, on intermittent leave for an adoption. The court acknowledged that under the FMLA an employee cannot take intermittent leave for adoption unless the employer… Read more »