Guess what: Under the ADA, sometimes you can be on the hook for disability discrimination even when your employee doesn’t prove that s/he actually has a disability. Say, whaaaat? How can that be? Title I of the ADA applies to qualified individuals with disabilities in hiring and employment. So how can an employee be protected […]
Your employee has just told you she is pregnant. What do you do? Do you: A. Decide it’s time to celebrate, throw a party and buy lots of booties; B. Fire her once she’s five months pregnant. That’s your company’s policy. C. Congratulate her, ask her when she is looking to go out on leave, […]
This is a trick question, right? I mean, isn’t asking an applicant or employee about drinking habits a violation of the ADA? Under the ADA, alcoholism is a protected disability The answer to any such questions could reveal that disability, and if the employer bases its decisions on that response, it could be liable for […]
Individual managers, officers, HR pros and the like can be held personally liable for certain employment law violations. How can that be? The company is the employer, not the manager. Don’t most of the relevant laws say so? Some of them do.
Suppose you run a service business with a front desk — a hotel, perhaps. Or you hire cashiers to work at a cash register. You need employees to work at that desk or cash register. Most of the time the desk clerk or cashier is standing, right? Is it necessary that they stand for the […]