Posts in Americans with Disabilities Act.

Employers, are you expecting too much from your "probationary period"?

Most employers have a 90-day "probationary period," and if you believe what's in their policies, they can fire an employee for any reason during that period -- no ifs, ands, or buts. (And if you believe that, I know a Nigerian prince who needs to hold your money for a little while so he can return it to you a thousandfold.)

The American Bar Association sponsored a webinar this week on the Americans with Disabilities Act, which was noteworthy for its inclusion of EEOC commissioners Chai Feldblum (Democrat) and Victoria Lipnic (Republican).

I'm usually such a doom-and-gloomer when it comes to the amended version of the ADA. But 'tis the season to be jolly, so I have decided to be more positive (just this ...

Do you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.

Employers and their insurance companies love wellness programs. They result in reduced premiums as well as (presumably) fewer big-money claims because they encourage employees to take better care of themselves.

Many employers offer ...

I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability discrimination.

This is in addition to the $20MM settlement with Verizon (which I reported on earlier), not to mention a record high

Never . . . well, hardly ever. ("What, never? No, never! What, never? Well . . . hardly ever! He's hardly ever sick at sea . . .")

Our friends at the U.S. Equal Employment Opportunity Commission recently scored another big win in a pregnancy discrimination case -- actually got summary judgment against the employer, which is unusual. In this case, the employer apparently knew it had messed up ...

You bet! You may, and it's strongly recommended unless you are comfortable with the opinion of the employee's doctor.

First, by sending the employee to the doctor, you can verify the need for the reasonable accommodation. (Honestly, this is not a big deal because challenging the existence of an employee's medical condition is a losing battle most of the time.)

Second, you can determine ...

OK, I admit it. This was not a "frequently asked question" until recently, after the New York Times ran a piece by a University of Texas economist who argued that the anti-discrimination laws should protect ugly people.

Since that time, this ridiculous highly creative suggestion has been blogged and tweeted about everywhere, so I would say that it now qualifies as a true "FAQ." In any ...

Over the next 7 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.

I may also have more in-depth postings as circumstances warrant.

Employer FAQ No. 5: Is there any difference between light duty and reasonable accommodation?

Most of ...

Over the next 11 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.

I may also have more in-depth postings as circumstances warrant.

Employer FAQ No. 1: "What exactly is the interactive process?"

The quick answer is this: The ...

It's not just London that is suffering from unrest these days -- there is reason to believe that American workplaces are far from heaven, too, even for those who are still fortunate enough to be employed.

The Wall Street Journal recently reported that approximately 75 percent of departing employees would not recommend their former employers to others looking for a job, almost a ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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