At the core of every employment relationship is the expectation that the employee will perform the job satisfactorily. But what happens to those performance expectations when an employee has a disability? As the federal government has acknowledged, The Americans with Disabilities Act, which prohibits “employment discrimination against qualified individuals with disabilities, generally do[es] not impinge… Continue Reading
Tag Archives: conduct
Looking at Employee and Going “Bang Bang” Is Not “Extreme and Outrageous” Conduct
Posted in Human Resources (HR) Compliance, LitigationIn some types of employment law matters, employees sometimes bring a companion claim — formally known as a claim for “Intentional Infliction of Emotional Distress”. Often times it fails because it is a very difficult claim to establish in the workplace. Why? Because the employee must show that the behavior was “extreme and outrageous”. Courts… Continue Reading
Twitter in the Workplace: Why Employers Need to Be Cautious, Not Afraid
Posted in Human Resources (HR) ComplianceHave you heard? Twitter is the next BIG thing that employers somehow need to worry about — right after blogs and online social networking, of course. Indeed, a headline not too long ago from the National Law Journal screamed: "Beware: Your ‘Tweet’ on Twitter could be trouble". But here’s the thing. I’ve actually been using Twitter… Continue Reading
New EEOC Guidance Raises Questions About Post-Termination Duty to Accommodate in Connecticut
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations, LitigationNearly six months ago, a landmark ruling by the Connecticut Supreme Court held that Connecticut’s anti-discrimination laws required employers to provide a reasonable accommodation to disabled workers, much like the federal counterpart, the ADA. As I noted in an earlier post about the case, Curry v. Allen S. Goodman, Inc., the Court suggested that the employer had a… Continue Reading
EEOC Issues FAQs for Employees and Employers on Performance/Conduct Issues Under the ADA
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and RegulationsThe EEOC today released a "comprehensive question-and-answer guide" (but not regulations) addressing how the Americans with Disabilities Act (ADA) should be applied to a wide variety of performance and conduct issues. You can download the FAQs at their website here. In a press release accompanying the document, the EEOC noted that it released the guide in response to questions from… Continue Reading
