"This is an employment-at-will state, and I can fire you for a good reason, a bad reason, or no reason at all." Technically, this is true in most states, but in effect it is a lie which employers rely on at their peril.… Continue Reading
As 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
Bruce 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
Does garden-variety cursing, not directed at an individual, create a hostile work environment? Some of Evil HR Lady's commenters thought so, but I beg to differ.… Continue Reading
The 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