Archive | Employment

Accommodation Under the Americans With Disabilities Act

The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation to allow a qualified individual with a disability to perform the essential functions of his/her job unless an accommodation would impose an undue hardship on the employer. A “qualified individual” is defined as a person who can perform the essential functions of […]

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Preventing Harassment and Dealing With It

In this era of “me too”, “time’s up” and growing harassment challenges, it is imperative that employers check their anti-harassment policies and clearly communicate them with descriptions of behaviors that may constitute harassment and examples. Although recent media coverage has focused on sexual harassment, policies should also prohibit conduct that may be based on age, […]

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Can an Employee Take FMLA Leave to Care For a Sibling With a Serious Health Condition?

Employers of 50 or more employees must grant eligible employees up to 12 weeks of job-protected unpaid leave for certain qualifying circumstances, including “care for the employee’s spouse, son, daughter, or parent with a serious health condition”. The law does not mention other relatives, such as siblings, grandparents, aunts, uncles, nieces, nephews, or other relatives. […]

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6th Circuit Court of Appeals Finds that Offensive Conduct May Be Insufficient to Prove Hostile Environment

In the case of Michelle Bruce v. Meharry Medical College a female physician (Dr. Bruce) filed a lawsuit against her employer (the Medical College) alleging sex discrimination, a hostile work environment, and retaliation for reporting same. Dr. Bruce claimed that the college’s head of facilities, Dr. Ray, was dismissive of her and made belittling comments […]

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DACA: What Employers Should Know

The Deferred Action for Childhood Arrivals (DACA) program was established by an Executive Order of President Obama. The purpose of the program was to provide temporary legal status and work authorization to undocumented people who initially entered the United States as children. To qualify for the program, qualified individuals had to submit to extensive background […]

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Hurricane Harvey Presents HR Issues For Employers

When confronted with a natural disaster employers may be forced to shut down and/or employees may be unable to report to work.  These circumstances raise issues regarding entitlement to pay. Under the Fair Labor Standards Act (FLSA), non-exempt employees must only be paid for all hours worked.  Thus, they are not entitled to pay during […]

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