Lately, we’ve noticed employees using wearable devices while working. We have a policy that limits personal cell phone use at work. Can we expand that to include wearables like smartwatches? Answer from Eric, SPHR, SHRM-SCP: Yes, you can expand your policy to include wearables or other smart...
An employee in a job that regularly requires lifting 50 pounds now says they can only regularly lift 25 because of an off-the-job injury. Can we terminate? Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees...
On Saturday, November 6, the Fifth Circuit Court of Appeals placed a temporary hold on the OSHA Emergency Temporary Standard (ETS) requiring COVID vaccination or testing for employees of employers with 100 or more employees. The current ruling is temporary, but we expect to learn soon...
You should avoid questions that are not job-related or that cause an applicant to tell you about their inclusion in a protected class. These would include questions about race, national origin, citizenship status, religious affiliation, disabilities, pregnancy, sexual orientation or gender identity, past illnesses (including...
The answer depends on the nature of the disability and the functional limitation it imposes. For example, if you were requesting documentation for an accommodation request concerning a mental health condition, a psychiatrist or psychologist would be an appropriate professional, but a physical therapist wouldn’t...
October is National Disability Employment Awareness Month (NDEAM). Declared in 1988 by the United States Congress (though its roots go back to 1945 when Congress urged employment for WWII servicemembers with disabilities), NDEAM is a good occasion for us to celebrate the contributions of people with...
The term leave can refer to just about any type of time away from work, but it’s often used to describe time an employee is entitled to take by law or company policy. Common leave entitlements include vacation, personal days, and sick days. Other forms include time...
Our definition of disability comes from the Americans with Disabilities Act (ADA). According to the ADA, an individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such...
Can we ask for proof of vaccination? Isn’t this a HIPAA violation or an illegal inquiry under the ADA or somehow confidential information? Employers can ask for proof of vaccination unless there is a state or local law or order to the contrary.* When an employer is requesting...
Protected classes—also sometimes called protected characteristics—come from anti-discrimination law. We talk about them with respect to employment laws, but they also come into play in housing and education. The classes and characteristics protected by federal law include race, color, age (over 40), sex, sexual orientation, gender...