News Briefs: Caregiver Discrimination, Fitness Tests, OSHA Audits & More
Focus on Family-Caregiver Discrimination Growing
Kristen B. Frasch, Human Resource Executive Online
"What's more, the number of employees claiming they were treated unequally because of their caregiver status rose by nearly 400 percent in recent years, according to the Center. The current number of FRD cases -- through the middle of 2013 -- in the Center's database sits at about 3,600, according to Cynthia Calvert, a senior adviser there and founder of Workforce 21C, a group that provides consulting and training to employers who want to prevent caregiver discrimination."
5 C's of crisis communications
Brad Phillips Ragan Communications
When you’re scrambling to save face after a disaster, remind your leaders to demonstrate these five behaviors. The five C’s of crisis communications detail the five attributes that executives and spokespersons must convey during their press conferences and interviews.
How to Survive an OSHA Audit
Jim Rhoad, Risk Management
“Hello. I’m from OSHA and I am here to help you.” If you own or operate a business, chances are very good you’ve heard these dreaded words before. Next to, “Hello. I’m from the Internal Revenue Service,” there are few greetings more inclined to make your knees weak. But it doesn’t have to be that bad. Even with the seven million workplaces they cover each year, OSHA will most likely find their way to your location. When they do, here are some tips to help you survive your OSHA audit."
Employers make jobs conditional on physical fitness
Roberto Ceniceros, Risk & Insurance
"Post-offer employment testing, or POET, involves simulating the lifting, pushing, pulling and other physical activities that make up a job’s essential functions. Employers are increasingly making employment offers conditional upon a job applicant’s physical ability to perform those activities.
And in another recent trend, employers are expanding the strategy to help determine when to return an established employee to their duties following a workplace injury or a non-occupational disability leave."
Following doctor’s orders helps employer win ADA case
Jon Hyman, Ohio Employer's Law Blog
"In Horn v. Knight Facilities Management-GM, Inc. (2/25/14), the 6th Circuit affirmed the district court’s dismissal of Horn’s disability discrimination claim. In determining whether the employer could reasonable accommodate Horn’s disability, the court started, and ended, with the limitation imposed by Horn’s doctor—“no exposure to cleaning solutions.” Horn claimed that the company either should have: (1) eliminated restrooms on her cleaning route, or (2) provided her a respirator. The court disagreed."
The Interactive Process under the ADAAA means you actually have to talk to someone
Michael Haberman, Omega HR Solutions
"Companies are not paying attention to the interactive process. Of course this is not a big surprise since HR documentation is probably at the bottom of the list of favorite things to do in a company. According to attorney Lorene Schaefer, despite the fact that the ADAAA has been in place since January 1, 2009, two court cases as recent as the fall of 2013 stress the importance of the interactive process."
Job descriptions: Not including essential functions can be costly
Leigh Anne Benedic HR,BLR.com
"The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio and Tennessee—recently ruled that summary judgment (pretrial dismissal) in favor of an employer was inappropriate because the employer failed to include an essential job function in the employee's written job description. "
Court Finds Retaliation Based on When Employee Was Replaced
Jonathan I. Nirenberg, New Jersey Employment Lawyer Blog
"There are many different ways to prove a causal link in a retaliation case. Some of the most common ways include evidence your employer fired you quickly after you objected, a decision-maker was angry about your objection, or the company’s explanation for firing you is false. A recent New Jersey case, Goldsmid v. Lee Rain, Inc., finds another potential way to prove retaliation: Based on evidence the employer had someone ready to replace you very quickly after it fired you."
Flexible Work Arrangements Fact Sheet
This fact sheet from the LEAD Center describes various best practices for employers when making job modifications to enable employees with disabilities to stay on the job or return to work.
The most common mistakes that derail a woman’s career
Vickie Elmer, Quartz
"Women don’t negotiate for themselves, which could be the biggest career mistake they make—but there are plenty of others. In her new book, Nice Girls Still Don’t Get The Corner Office, Lois Frankel, an executive coach and public speaker, has identified 133 errors women make that derail their career. This new edition covers 33% more errors in how women self-sabotage their career from when the book debuted a decade ago."
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