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 […]
So many inquiries I receive from employers and H.R. practitioners center around suspected leave abuse. Many say that managing absences and staying in compliance with the FMLA and ADA are among their biggest headaches. How do you hit that sweet spot? Is it possible? Yes it is. I’ll discuss just a few ways and give […]
Can you be liable for employment discrimination against someone who’s not your employee? Sometimes. Title VII and the other aforementioned laws prohibit employers from discriminating. These laws loosely define employers as entities with a minimum number of employees, usually 15 or more (20 or more under the ADEA). If you meet that threshold, you are […]