Yesterday , , we found out that veganism might be a religion. Today, religious schedule conflicts and accommodation. The EEOC guidelines state that an employer's use of inquiries that tend to reveal an employee's or applicant's religious beliefs violates Title VII, unless the employer can...

If you thought the Church of Body Modification was stretching the bounds of religious accommodation, now we’ve got veganism to contend with, at least in one courtroom. A recent case in Ohio shows how far religious accommodation may be heading, says BLR legal editor Joan Farrell (BLR is CER’s...

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...

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...

New California regulations and pregnancy laws broaden the types of conditions of pregnancy for which workplace accommodations will be required – even if they don’t involve a pregnancy-related disability. With these new regulations on the table, it’s crucial for you to amend your internal...

California employers are well-versed in the laws about pregnancy disability leave, but what other pregnancy laws affect employer obligations? What reasonable accommodations must be provided for pregnant employees? More pregnant employees may be entitled to reasonable accommodations because there are...

Generally, no, no, and no. These and other tricky ADA questions are answered in EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. First of all, remember that there is a difference between applicants and employees, and the rules concerning disability-related inquiries...

Workplace harassment is one of many areas where California employers have additional legal obligations than employers who operate exclusively in other states. California has more protected classes, more employers are covered, and there is a greater level of liability for peer harassment, for example...

In yesterday’s CED , California attorney (and SPHR) Allison West offered tips for avoiding defamation, negligence, and fraud lawsuits. Today, her tips on recruiting, plus an introduction to a comprehensive desk reference on discrimination and harassment—specifically for California employers...

Most employers are all too aware of the danger of discrimination lawsuits, but there are many other legal threats in the HR arena. In today’s CED , California attorney and SPHR Allison West briefs employers on defamation, negligence, and fraud lawsuits. West, principal of Employment Practices Specialists...

OFCCP remains focused on contractor compliance with affirmative action regulations for vets and employees with disabilities, says attorney Susan Fahey Desmond. And programmatic outreach is not enough anymore; OFCCP wants to see personal relationships with outreach resources and a system for monitoring...

OFCCP’s audits are getting tougher, says attorney Susan Fahey Desmond, including more in-depth evaluations, greater focus on proactive steps to reach goals, and detailed compensation audits in virtually every recent audit. Remember, says Desmond, who is a partner in the New Orleans office of national...

Yesterday , attorney Mark Schickman introduced us to the concept of “beauty bias”—a phrase coined by Stanford law professor Deborah Rhode. Today, a look at the flip side of the equation: Can an employee sue for being perceived as too attractive? Find out below, courtesy of Schickman’s...

We have eliminated many forms of workplace discrimination and made great strides toward erasing others, says attorney Mark Schickman. Nonetheless, one form of discrimination—“Beauty Bias,” as coined by Stanford law professor Deborah Rhode—remains alive, well, and possibly inherent...

Yesterday , we looked at the first 5 of the top 10 hiring mistakes you should be careful to avoid. Today, the rest of the top 10, and an introduction to a webinar that will help clear up a new source of problems and confusion for California employers: medical marijuana. For numbers 1-5, click here. This...