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In 1996, Congress passed the Health Insurance Portability and Accountability Act (“HIPAA”). HIPAA is a complex, multifaceted piece of legislation, affecting the delivery of healthcare. The primary purpose of HIPAA is to ensure employees who leave their jobs do not lose their eligibility for health insurance. This portion of the legislation is already in effect. […]
The Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against “disabled” individuals who are qualified to perform the “essential functions” of a job. In some circumstances it requires an employer to make a “reasonable accommodation” for the employee’s disability. The Family Medical Leave Act (“FMLA”) helps individuals balance the demands of the workplace with […]
In November 2010, Proposition 203 was passed in the State of Arizona, which was an initiative to legalize the use of medical marijuana. The Arizona statute provides that “unless a failure to do so would cause an employer to lose a monetary or licensing related benefit under federal law or regulations, an employer may not […]
Social networking (SN) sites like Facebook, LinkedIn and Twitter are extremely popular these days, butt should employees be using these sites on employer-owned computers during the work day? Some employers see the marketing benefits associated with having employees on SN sites, while others simply worry about employee productivity. But what if your employee vents about you […]
When we think of workplace discrimination, we tend to think of aggression based on factors like race, religion or national origin. But there is another form of discrimination that sometimes occurs on the job: the unfair treatment of pregnant women. Many employers believe an employee’s pregnancy will cost the company money or interrupt production. So […]
Employers are usually miffed when they discover that an unsuccessful applicant asserts a failure to hire claim against them. An employer’s typical response is “Aren’t I free to choose the people I want to hire?” Unfortunately, the answer is not so clear. Both federal and state laws restrict pre-employment inquiries and prohibit an employer from […]
Terminating employees can be daunting and stressful, but employers must remain objective and implement procedures that will avoid litigation and the statutory penalties that can arise with a reduction in force. This article will explore some of the major liabilities that are associated with reduction in force and ways to avoid them. Establishing Reasons for […]
The ADA was passed to provide legal protections for, and to end discrimination against, workers with disabilities. The ADA is a wide-ranging civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, […]
On January 8, 2002, the United States Supreme Court issued a decision (Toyota v. Williams) that affects all employers with more than 15 employees. The ruling makes it more difficult for an employee to qualify as “disabled” under the Americans with Disabilities Act (ADA). This will reduce the number of times an employer is required […]
There are certain things an employer can’t ask, whether on an application form or during a personal interview, before an individual accepts an offer and begins work. In general, you should base your questions on the business necessity of “needing to know” the information. If the information you are seeking is in fact related to […]
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