Because many mental disabilities are hard to spot, hard to diagnose, and hard to handle, employers may either give too much attention (fear, stigma, termination) or too little (pretending they don’t exist). Either approach is problematic. HR on the spot: How does a company deal with disabilities...

Depression, anxiety, and other mental conditions in the workplace have both legal (ADA) and human implications. Here are two programs to help deal with them. HR on the spot: How does a company deal with disabilities that are frequently invisible and undetectable, and often hidden by the employee involved...

If you have a nondiscretionary bonus plan that is awarded to nonexempt employees at intervals greater than each week (for example, on a quarterly, semiannual, or annual basis), you are required to retroactively calculate the bonus into the employee's "regular rate" of pay. Pregnant Employee...

Domestic violence in the workplace is much more prevalent than some might think. In fact, "forty-four percent of American employees (full-time American employees) personally experience domestic violence’s effect in their workplaces. Twenty-one percent identify themselves as victims of intimate...

Dealing effectively with employees who have depression and work restrictions can be challenging. This is especially true when the doctor’s note implies that an accommodation is needed that seems unreasonable. What can an employer do? In a recent CER webinar, Patricia Eyres gave us some guidance...

Employees with diabetes present unique questions for employers. How can an employer know when the disease poses a legitimate safety risk? How should employers handle needle disposal? In fact, there are three main concerns for employers who have employees with diabetes: Hypoglycemia Testing logistics...

Medical marijuana laws at the state level create a bit of a conundrum for employers. How can an employer enforce a drug and alcohol policy when there is a drug on the market that is legally prescribed for medicinal use in their state but still illegal for any use at the federal level? Can employers discipline...

With the ADAAA’s final regulations, new physical and mental impairments are considered disabilities, including impairments related to an employee’s mood and emotional state. Bipolar and other mental disorders are now specifically listed in the statute and in the accompanying regulations....

Yesterday’s CED discussed interviewing candidates with disabilities; today, more on disabilities and pregnancy, plus an introduction to a webinar you won’t want to miss—all about the recent changes to the state’s pregnancy bias rules. Pregnancy and the Interview During the interview...

"Major depression is one of the most common conditions in this country. Estimates are 10 percent of men and up to 25 percent of women will have at least one episode of major depression over their lifespan. That involves depressed mood, lack of interest, lack of enjoyment in usual activities, and...

For everyone who interviews applicants, there is a long list of pitfalls, but surely some of the most challenging and confusing to avoid are those relating to interviewing applicants with disabilities. Determining just what is a disability has always been a challenge, but recent court rulings indicate...

One of HR’s many ADA headaches is coworkers who think an employee who has been given an accommodation is unfairly getting special treatment, say attorneys Julie K. Athey and Audra K. Hamilton. It’s always a difficult situation because you can’t discuss the disability or the accommodation...

One overlooked, ignored, and/or feared area of the ADA is dealing with employees who suffer from mental disabilities, say attorneys Julie K. Athey and Audra K. Hamilton. Because many mental disabilities are hard to spot, hard to diagnose, and hard to handle, employers may either give too much attention...

In yesterday’s CED , we got attorney Audra Hamilton’s take on mental disability accommodation. Today, her examples of accommodation in action. Hamilton’s remarks came at the Business & Legal Resources Advanced Employment Issues Symposium (BLR is CER’s parent company). Accommodation...

Many mental impairments are hard to spot and hard to diagnose, and employers tend to give mental impairments too much attention—or too little, says attorney Audra Hamilton. Mental impairments should be handled exactly the same way as physical impairments are, she adds. Hamilton’s remarks...

If you have an employee who is bipolar, is that considered to be a disability? Must you provide an accommodation for work? In a CER webinar titled "Bipolar Employees: HR’s Legal and Practical Accommodation Roadmap," Maureen Duffy, Susan G. Fentin, and Tom Wootton outlined some of the...

The California Department of Rehabilitation is hosting two business summits later this month - one in Sacramento, and the other in Los Angeles. The events are free and are designed to help small businesses improve their compliance with the federal Americans with Disabilities Act and related state laws...

The federal Equal Employment Opportunity Commission has released new guidelines interpreting and expanding on last year's Supreme Court rulings on automatic employer liability for sexual harassment by supervisors. The new guidelines are a helpful benchmark for measuring whether your anti-harassment...