In her confirmation hearings,
perhaps no part of Sonia Sotomayor’s judicial work received more attention than
her opinion in Ricci v.
DeStefano. This case illustrates the
problems employers face in trying to make employment decisions
without running afoul of Title VII - the law prohibiting employment
discrimination.
It may sound like the plot from a science fiction movie - through genetic testing, someone finds out she may develop a serious disease, her company finds out and fires her, and she can’t get health insurance because of this future health risk. Congress, though, took steps to ensure this scenario does not become reality.
The changes to COBRA provide an employee with a subsidy from the government that covers 65 percent of the cost of COBRA health insurance coverage. The subsidy is a nice idea. But as always, the government decided to create a bunch of new administrative red tape for employers to deal with.
Trivia question: What was the first law that President Obama signed
into law after being elected? Answer: President Obama’s first act upon taking office
was to sign the Lilly Ledbetter Fair Pay Act of 2009. Although it hasn’t
received much fanfare, the ramifications of the Act are only now starting to be understood.
Why do you need to worry about recent changes to the Americans with Disabilities Act (ADA)? If you answered, “Because I’m going to start losing lawsuits,” you would be right. In a nutshell, the amendments expand the definition of disability and broaden the number of employees who will be covered by it.
When someone mentions the Family and Medical
Leave Act (FMLA), many people immediately think of pregnancies. And FMLA is a
resource for employees impacted by pregnancies, but it’s much more than that. New regulations governing the FMLA have become effective, so it’s a good time to review FMLA issues.
A recent survey found that a substantial number of employees admitted to stealing confidential employer information. Your proprietary company information is vital and there are a number of steps you can take to greatly reduce your risk of theft.
In the old days, a background check consisted of a couple phone calls to a former employer and a reference check. Modern background checks involve a comprehensive investigation. But the law draws some clear limitations on what can be considered valid criteria and what crosses the line into unfair discrimination.
“Association discrimination” claims arise when an employee claims he or she has been discriminated or retaliated against because of an association or relationship with a disabled person. Employers need to tread carefully in this area.
When President Bush signed the ADA (Americans with Disabilities Act) Amendments Act of 2008 into law, it signaled major changes in the legislation that prohibits workplace discrimination against people with disabilities. When the law becomes effective on Jan. 1, employers need to be prepared for those changes.