Distracted worker may be entitled to ‘disability’ accommodation

by Robert P. Tinnin, Jr.

Q One of our workers has been with the company for about three years. From the outset, he has been an outstanding performer. About four months ago, however, he went through a divorce, which appears to have had a major impact on him, and he seems distracted. Both the quantity and the quality of his work have suffered demonstrably. I have given him two written warnings that he must improve both the quantity and quality of his work or face discharge. The last warning was about a month ago, and I have seen no improvement. Can I terminate him now for poor performance?  Group of multi-tasking creative people working in the office.

A Before doing so, make every effort to determine whether he might be “disabled” within the meaning of the Americans with Disabilities Act (ADA) and explore accommodations for his condition.

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VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin

Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump administration’s backtracking has made things even more uncertain by pitting the interpretation of federal law banning sex discrimination in schools (Title IX of the Education Amendments of 1972) against federal law prohibiting sex discrimination in employment (Title VII of the Civil Rights Act of 1964) and by delaying critical guidance from the U.S. Supreme Court in a Virginia transgender student’s case.  All Gender Restroom

Issue in Grimm’s lawsuit

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Step 1 to promoting diversity: Avoid the ‘lying, crying, and denying’

April 16, 2017 - by: Tammy Binford 0 COMMENTS

The human resources team plays a key role in promoting diversity within an organization. After all, it’s HR that works to recruit and retain people from diverse backgrounds. And it’s up to HR to communicatenot just to executives but to the rank and file as welljust why diversity is important. But how does HR sometimes end up being the problem rather than the solution? And when that happens, how can it be overcome?  Business people finding solution together at office

Nicole Price, CEO of leadership-development consulting firm Lively Paradox, says it starts with recognizing that dealing with differences is tough.

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You say gorilla, I say guerilla

A new era in immigration enforcement: what employers should know

by Lori T. Chesser

Immigration law used to be something that few people thought about unless a friend or a relative was going through the system. Now, it’s a daily feature in our news and on social media. It’s likely that few of us have missed the news of President Donald Trump’s Executive Orders addressing immigration and travel to the United States. The U.S. Department of Homeland Security’s (DHS) release of internal implementation memos related to the president’s orders was international news, probably for the first time in the history of that agency.  immigrationreform

While any pervasive political issue can affect the workplace, employers are well-advised to pay attention as the new federal policy on immigration enforcement unfolds. Rare will be the employer that isn’t affected by the administration’s actions in some way.

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Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook

The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions.

Q Why should employers review the EEOC’s mental health guidance?  Head with gears

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Even under ADAAA, being ‘ill-tempered’ is not a disability

by Rozlyn Fulgoni-Britton

Ever since the ADA Amendments Act of 2008 (ADAAA) became law and substantially expanded the definition of “disability,” employers have been warned not to focus on whether an employee has a disability when evaluating reasonable accommodations. While that warning is valid, it is not absolute, and employers should not completely skip evaluating whether an employee has a disability. Even the 9th Circuit, where employees typically fare relatively well, has found that “cantankerous” and “ill-tempered” employees who are disciplined for treating coworkers and subordinates inappropriately do not have a disability that substantially limits the major life activity of interacting with others.  Angry boss

Facts

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Dealing with the unseen: Tips for traversing legal terrain of hidden disabilities

March 19, 2017 - by: Tammy Binford 0 COMMENTS

Work can be stressful for anyone, and employers are wise to ease the burdens when possible in the interest of maintaining productivity and the general well-being of the workforce. But disabilities can complicate the issue, especially when the disability isn’t obvious.  man with stressed face expression brain melting into lines

Human resources professionals may be well aware that the Americans with Disabilities Act (ADA), as well as the ADA Amendments Act that broadened the law’s protections in many cases, require employers to provide qualified employees who have a disability an opportunity to be productive at work by engaging in the “interactive process” and providing “reasonable accommodations.”

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Walking the line between hiring only authorized workers and violating the discrimination laws

by Elaine Young

Here are two situations in which you must avoid discrimination while fulfilling your obligation to hire only authorized workers.  Form and pen - 2

Situation #1

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Political discrimination: when politics and the workplace meet

by Luke Draisey

It’s likely that 2016 was a year that most people won’t soon forget. It was a year marked by international turmoil, celebrity deaths, and unprecedented political disunity. We saw Great Britain’s decision to withdraw from the European Union, the genesis of the Zika virus, and the deaths of several cultural icons, including David Bowie, John Glenn, and Prince. And who can forget the 2016 presidential election?  Politcs at Work

While many Americans have celebrated the election of Donald J. Trump as the 45th president of the United States, for others his election is most notable for the controversy it has engendered. It should come as no surprise that the vitriol that characterized the 2016 election may crop up in the workplace, leaving employers at risk of accusations that they are fostering a hostile work environment or engaging in discrimination or retaliation.

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