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Employment Law

Difficult Disability Distinctions

The definition of what qualifies as a disability under the Americans with Disabilities Act (ADA) is not always clear — and alcoholism presents a particularly difficult issue. Although the disease of alcoholism falls within the scope of the ADA, the actions of an employer toward an alcoholic don’t always violate the law. Guidance from the […]
Employment Law

Free Speech Limits in the Workplace

Employees who make comments and express opinions that irritate, offend or anger their colleagues are a major source of workplace conflict. The same is true of employees who argue with supervisors, using inflammatory or profane language. When employees who express themselves in these ways are told to stop, they often respond: “I have a right […]
Employment Law

Guidance on Diabetes in the Workplace

The incidence of diabetes is climbing in the United States. According to the Centers for Disease Control and Prevention (CDC), about 1.7 million people ages 20 years or older were newly diagnosed with diabetes in 2012, (the most recent year for which statistics are available). A total of 29.1 million people or 9.3% of the […]
Employment Law

The Employer’s Legal Call to Duty

Federal officials are reminding employers that returning military reservists should not be penalized for the time they spent serving their country. If any of your employees are returning from active duty, or being called up, federal law requires certain steps to be taken to protect their jobs and benefits (State military leave laws may provide […]
Employment Law

Seven Steps for Responding to EEOC Complaints

It’s an employer’s nightmare: You are notified by the Equal Employment Opportunity Commission (EEOC) that a complaint has been lodged against the company. Many employers are facing this situation, according to EEOC statistics. The number of individuals filing discrimination, harassment and retaliation claims with the federal government has remained high in recent years (see right-hand […]
Employment Law

Spot Time Bombs in Your Employee Handbook

  Catch Dangerous Traps Could your employee handbook be dangerous? Have you ever looked through it, pretending to be employee? Better yet, have you ever had your attorney read through your handbook to see how an employee might be able to use it in court? This type of auditing can help spot potential time bombs… […]
Employment Law

Avoid Discrimination in Your Dress Code

When customers see your company’s employees, they gather impressions about your business. That’s one reason to exercise some control over what staff members can wear to work and what grooming standards they must follow. Obviously, you want your staff to reflect competence and professionalism. Consistent Application is Key Quantum Electronics had a dress code which […]
Employment Law

Polygraph Tests: Use With Caution

If you suspect that an employee has committed an illegal act, don’t make plans to conduct a lie detector test unless there are special circumstances. To Tell the Truth:Grounds for Lie Detector Tests     Under the Employee Polygraph Protection Act (EPPA), one of the exceptions to the ban on lie detector tests involves continuing investigations of […]
Employment Law

Be Careful When Setting Up an ‘English-Only’ Policy

When your company’s staff is culturally diverse, it may be tempting to require all employees to speak only English during work hours. After all, it might seem easier to promote unity and teamwork when everyone speaks the same language. But is it legal? This is a confusing area, but one that is becoming increasingly important […]
Employment Law

The Aging Workforce: DOs and DON’Ts to Avoid Discrimination

The changing demographics in the United States and the desire of some Baby Boomers to work longer than earlier generations has led to more older employees in the workforce. That has led to thousands of claims of age discrimination being filed against employers with the EEOC. Consider that in fiscal year 2019, the EEOC received […]