Bringing You More News Stories in a Shorter Format!
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Three Shades of Gray
The U.S. EEOC’s recent
headline
is a great reminder about the lessons employers need to learn before making disability-related inquiries or requiring medical exams. The lesson cost one employer
$650,000
. The Americans with Disabilities Act (ADA), which covers employers with 15 or more employees, breaks the permissible inquiries into three categories:
- pre-employment,
- post-offer, and
- in employment .
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When is Enough
Not Enough?
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After an employee was diagnosed with breast cancer, her employer gave her 12 weeks of leave under the Family and Medical Leave Act. When the employee could not yet return, the employer granted an additional two weeks of leave. After 14 weeks of leave, the employer terminated her employment. When the employee filed a charge with the U.S. EEOC, the commission
found
reasonable cause to determine the employer violated the Americans with Disabilities Act (ADA).
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While an employer's Director of Benefits was out on Family and Medical Leave, her employer reportedly found she had neglected her job duties (2,700 unanswered emails, bills that had not been paid, checks not cashed, and more). The day she returned to work, she was called into a meeting, told she was being put on administrative leave pending the outcome of the investigation, and fired 11 days later by the Chief HR Officer. You know what happened next: she sued. Did she win? (Hint: You'll want to read this one. The answer might surprise you)
Speaking of FMLA - scroll down to "Recent and Upcoming Events" for info about the May webcast, "
FMLA Updates - What's Old is New Again
." -- or just click here.
100% of attendees rated the quality
and
usefulness of the information as "Excellent" or "Above Average
"!
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Form I-9: New Form
and Employer Handbook!
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In April, the
U.S. Citizenship and Immigration Services (CIS) published a new “Handbook for Employers...Guidance for Completing Form I-9."
Effective May 1, 2020, employers must use the new 10/21/19 edition of the Form I-9. You can find the edition date at the bottom of the page on the form and instructions.
FAQ: Can my employees complete the Spanish version of the Form I-9?
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EEOC, COVID-19 and Reasonable Accommodation
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The U.S. Equal Employment Opportunity Commission (EEOC) continues to update its website with a Q & A series regarding, "
What You Should Know About COVID-19 and the ADA, The Rehabilitation Act, and other EEO Laws
." Earlier this month, three new questions were added addressing reasonable accommodation.
- What does an employee need to do in order to request reasonable accommodation?
- What should an employer do if it knows an employee has an underlying medical condition, but the employee has not requested a reasonable accommodation?
- What are examples of reasonable accommodation?
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Background Checks: Dang'd if You Do & Dang'd if You Don't
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Some reports late
last year
and earlier
this year
addressed a surge in lawsuits filed under the Fair Credit Reporting Act. The number of related lawsuits more than doubled (closer to tripled) from 2009 to 2018.
To avoid the risk, some employers might decide to conduct no background checks. But, one employer recently
learned
that has liability, too! Add to these challenges, myriad questions raised about how COVID-19 impacts employers' recruitment, selection and hiring practices.
For more information, check out this month's
upcoming webcast
, "
Recruitment, Selection & Hiring: The Latest Tips and Tools.
" Pre-approved by SHRM & HRCI for 1.25 credits. $25 pp
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FiveL's 14th Annual (
Virtual
) Seminar:
Employment Law, Legislative & Regulatory Update
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On April 24th, FiveL Company held its 14th Annual "
Employment Law, Legislative and Regulatory Update
" seminar. The full-day event was held virtually.
You can access the archived recording of the program, listen to Q & A and polling questions presented throughout the day. The program will still provide certified HR professionals with
6.5 credits pre-approved by HRCI and SHRM
. $79 pp
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Want more e-News
?
See a full listing of news updates
here
.
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In its 2nd Edition
!
A SHRMStore "
Great 8" Best-Seller
8 Years in a Row
!
Thank
YOU
!
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Recent and Upcoming Events!
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- Upcoming:
- Wednesday, June 24th, "Recruitment, Selection & Hiring: The Latest Tips and Tools," FiveL webcast
- Recent Events:
- May 27th - "FMLA Update: What's Old is New Again," FiveL webcast $25 pp. Pre-approved by SHRM & HRCI for 1.25 credits.
- "COVID-19 Update for Employers: The FFCRA Regulations," FREE FiveL webcast
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.
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