By Robin E. Shea on Posted in Harassment,UncategorizedAs the Thanksgiving holiday approaches, the federal Transportation Security Administration is under fire for imposing full-body scans or pat-downs on the flying public. Although the agency says that the scans/pat-downs are not intrusive and that the privacy and dignity of travelers is protected, two TSA "HR" stories make that a difficult sell.… Continue Reading
By Robin E. Shea on Posted in GINA,HarassmentBruce Carton of Legal Blog Watch (via Overlawyered.com) notes the passing of Nordstrom's employee "handbook," which consisted of a single index card with the admonition to "use good judgment in all situations." Meanwhile, at Minding the Workplace and Jottings By An Employer's Lawyer, the authors note that many, if not all, of our workplace problems -- particularly harassment and "bullying" -- would go away if everyone simply followed The Golden Rule. I don't disagree.… Continue Reading
By Robin E. Shea on Posted in DiscriminationThe most important thing to remember about the ADAAA is that, for the most part, all it does is change (albeit drastically) the definition of "disability." The ADAAA does not affect the old ADA's anti-discrimination, reasonable accommodation, confidentiality, or "medical examination" provisions. As a practical matter, what this means is that employers will no longer be able to rely on the defense of "no disability," but if they avoid discrimination and handle reasonable accommodation requests well, they should still be able to avoid liability.
With that "bottom line," here are my best practices for staying out of trouble in light of the ADAAA… Continue Reading