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Employee Absenteeism Due to Disability: What are Reasonable Accommodations?

Posted on February 28, 2017 by

One of the most troubling issues faced by human resource professionals is how to address an employee with a disability that impacts their ability to report for work.  A good example is an employee who suffers from episodes of depression that affect the employee’s ability to come to work.  It is almost impossible to challenge […]

Harassment Discrimination Covers the Waterfront

Posted on February 28, 2017 by

We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace.  Recent guidance from the EEOC clarifies its position regarding the extent of the types of harassment that could occur and for which employers will be held responsible.  […]

Are You a Joint Employer? Watch Out for Potential Liability

Posted on February 28, 2017 by

Many businesses today use other entities to provide employees for their business operations.  This type of structure is often viewed as a good way for a company to avoid many of the pitfalls of being an employer under state and federal laws.  A recent court ruling has redefined what it means to be a joint […]

Willful Permit-Required Confined Space Entry Citation Upheld by the Seventh Circuit

Posted on February 9, 2017 by

On February 1, 2017, the United States Court of Appeals for the Seventh Circuit affirmed the decision of the Occupational Safety and Health Review Commission (“Commission”) which imposed serious willful citations under the permit-required confined space entry standard.  In doing so the Seventh Circuit discussed imputed knowledge to the employer, foreseeability of a supervisor’s misconduct, […]

Asking for Current Salary in Application?

Posted on January 27, 2017 by

The City of Philadelphia has passed legislation that prohibits an employer from asking for the current salary of an applicant being considered for employment with a public or private employer.  The theory behind this legislation is to prevent employers from excluding applicants who may be interested in a position even though the salary level of […]

OSHA’s New Guidelines for Employer Anti-Retaliation Policies

Posted on January 18, 2017 by

Most employers and employees know that the Occupational Safety and Health Administration (OSHA) is the federal agency charged with overseeing safety and health in U.S. workplaces.  Many are surprised, however, to learn OSHA is also responsible for enforcing 22 whistleblower protection statutes that don’t necessarily have anything to do with worker safety and health. These […]

Limited Right to Ask for Discontinuance of Dues Deductions

Posted on January 5, 2017 by

A recent federal court decision in Madison has struck down a portion of the Right-to-Work law applicable to all employers in Wisconsin.  Under this decision by U.S. District Judge William Conley, the Court has issued a permanent injunction stopping employers from following the language in Section 111.06(1)(i) of the Wisconsin Statutes.  This provision of the […]

National Origin Discrimination – A New Frontier?

Posted on January 3, 2017 by

Immigration law is said to be the next major debate in both state legislatures and Congress.  While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new issues arising under national origin discrimination. I wrote about this topic several weeks ago, but now see […]

Christmas Disability?

Posted on December 20, 2016 by

I have written over the year regarding disability discrimination and the notion that an employer can be subject to a discrimination complaint under both state and federal law if the employer “perceives” an individual to be disabled and unable to perform the duties of his/her position.  I often wonder if the public “perceives” Santa Claus […]

Reassignment to a Vacant Position Under the ADA: Eleventh Circuit Concludes the Best Candidate Gets the Job – But What About Wisconsin?

Posted on December 19, 2016 by

Earlier this month, the United State’s Court of Appeals for the Eleventh Circuit, in EEOC v. St. Joseph’s Hospital, Inc., announced that the Americans with Disabilities Act does not, as a reasonable accommodation, require the transfer of a disabled employee into a vacant position without consideration of the qualifications of other candidates competing for the […]