Drug use in California can cause headaches for employers. Balancing employee privacy interests against safety concerns forces employers to make tough choices with little guidance. Legal drug testing of existing employees is so limited that most drug use won’t be detected until after an accident. With increasing support for legal medical marijuana, many employers have struggled to determine how to respond to applicants and employees who test positive. Now, with recent case law and the FEHC’s final regulations, employers finally have the support they need.
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HR Allen Consulting Services,
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medical marijuana
The federal Equal Employment Opportunity Commission (EEOC) recently sued Toys “R” Us, Inc. for allegedly failing to provide an interpreter to a deaf applicant during an interview.
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HR Allen Consulting Services,
discrimination,
HR Informant,
EEOC,
Equal Employment Opportunity Commission,
disability discrimination
The significant tax breaks and other incentives available to employers that hire veterans have inspired many to increase their veteran recruitment efforts. Some companies have even begun to advertise themselves as “veteran friendly.”
But there’s more to being a veteran-friendly employer than just a company’s willingness to hire veterans. The following are steps companies can take to ensure job-seeking veterans respond to recruitment efforts are feel welcomed once hired.
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veterans,
hiring veterans,
tax incentives,
HR Allen Consulting Services,
HR Informant,
California employers
California employers can expect some positive changes in 2013. The latest CalChamber News segment highlights SB 1186, a bill designed to protect business owners from predatory or frivolous lawsuits under the Americans with Disability Act (ADA).
The law is the bipartisan product authored by Democrat Senate President Pro Tem Darrell Steinberg and recently termed-out Republican Senator Bob Dutton.
California has 40 percent of the nation’s ADA lawsuits but only 12 percent of the country’s disabled population. SB 1186 will provide much needed relief.
Visit CalChamber News for full video coverage.
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Americans with Disabilities Act,
AB 1186,
ADA compliance,
HR Allen Consulting Services,
HR Informant
Legislation that would limit frivolous litigation connected with the Americans with Disabilities Act (ADA) was signed by the governor Wednesday.
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HR Informant
Legislation to curb lawsuit abuse connected with the Americans with Disabilities Act (ADA) awaits action by the Legislature.
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Americans with Disabilities Act,
ADA lawsuits,
SB 1186,
CalChamber
The federal Equal Employment Opportunity Commission (EEOC) recently reported that it reached a settlement with a military vehicle manufacturing company that allegedly fired an employee because he was morbidly obese.
According to the EEOC, the disability discrimination provisions of the Americans with Disabilities Act (ADA) protect morbidly obese employees and applicants. “So long as an employee can perform the essential job duties of a position, with or without reasonable accommodation, the employee should be allowed to work on the same basis as any non-obese employees. Employers cannot fire disabled employees based on perceptions and prejudice.”
The employee weighed nearly 700 pounds at the time he was fired. The EEOC alleged that the employee was qualified to perform the essential job functions of his material handler position. The EEOC also alleged that the company did not engage in any discussions to determine if reasonable accommodations were available.
The EEOC asserted that the employee’s morbid obesity substantially limited him in one or more major life activities and rendered him “disabled” under the ADA Amendments Act of 2008 (ADAAA). The EEOC further asserted that the company “regarded” the employee’s morbid obesity as a disability, even if a court should hold that obesity was not a disability within the meaning of the ADA.
The company will pay the employee $55,000 and provide him with six months of outplacement services. The settlement also requires the company to provide training to managers on equal employment opportunity compliance, disability discrimination law and responsibilities regarding reasonable accommodation.
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ADAAA,
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HR Allen Consulting Services,
HR Informant,
disability discrimination
In a recent decision, the federal First Circuit Court of Appeals dismissed an employee’s claim for disability discrimination under the Americans with Disabilities Act (ADA). The employee was unable to show that she was a qualified individual with a disability under the ADA because the employee failed to satisfy an essential job function — attendance. Colón-Fontánez v. Municipality of San Juan, 660 F.3d 17 (1st Cir. 2011).
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ADA,
absenteeism,
Excessive Absenteeism
