A December 2016 publication from the EEOC titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” doesn’t exactly break new ground. It does, however, highlight issues that arise repeatedly in disability discrimination cases and, therefore, bear repeating. Here are the key takeaways:
The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by imposing a 100% healed policy.
Here’s how it often works. An employee goes out for a
I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability rights expert/mediator.
Despite our differing points of view, there were many
Reasonable accommodation issues are tough. Employees often want a lot of things that are not justified by a doctor’s note, and appropriately documenting the interactive process can be an uphill battle.
If you are in the LA area and have burning questions about how to reasonably accommodate employees under the ADA and California’s FEHA, then
Trying to keep track of all of California’s paid sick leave requirements is a daunting task. The state has its own rules and then so do seven municipalities, with Los Angeles joining the list July 1, 2016. Wouldn’t it be great if there was a single chart that contained all the requirements? Well now,
Scenario 1: Someone walks in to one of your locations and requests an application. The applicant has one arm. The manager doesn’t think there’s any way that someone with one arm can do the job. Can the manager tell the applicant not to waste
Rather than coming up with New Year’s resolutions for myself, I find it much easier to come up with resolutions for others. Here are my suggested resolutions for California HR professionals:
As an alum of USC Law, I have been particularly interested in the news surrounding USC’s termination of football coach, Steve Sarkisian. In fact, several of my colleagues have already blogged about it here and here.
When the coach was fired, several clients immediately asked me: “Can USC do that?” The general sense was
The Bar Association of San Francisco is presenting a seminar: 2015 Disability Employment Law Updates. It will take place on December 8, 2015, from noon to 1:30, at the BASF Conference Center, 301 Battery St., 3rd Floor, San Francisco, CA 94111.
Krista Stone-Manista of Rosen Bien Galvan & Grunfeld LLP will present the plaintiff’s
July 26, 2015 will mark 25 years since George H.W. Bush signed the Americans With Disabilities Act. Has the ADA behaved like many 25 year olds by moving to Brooklyn and refusing to compromise its creativity and individuality to find a job that it’s sure it will hate? Is it sprawled out in front of