March, 2009

EEOC Issues Draft Regulations Implementing the Genetic Information Nondiscrimination Act

Although it is perfectly legal under the Rehabilitation Act and the Americans With Disabilities Act for an employer to require a medical examination of a potential employee after an employment offer has been made (provided all entering employees are subject to the same examination), the Genetic Information Nondiscrimination Act, also known as GINA, prohibits the use of genetic information in making employment decisions, bars employers from intentionally obtaining genetic information and prohibits retaliation.

Employers Should Take Proactive Steps To Ensure Compliance With Amendments

Despite the absence of regulations and guidance, the ADA Amendments Act of 2008 is in effect and employers must be in compliance, said employment law experts at a recent conference.

Attorneys speaking at the Society for Human Resources Management’s Employment Law and Legislative Conference in Washington, D.

Amendments Act May Be Retroactive When Claim Involves Prospective Injunctive Relief

The ADA Amendments Act may be retroactive under certain circumstances, the 6th U. S. Circuit Court of Appeals ruled. Several district courts have reached the opposite conclusion — that the amended law cannot be applied when actions that led to litigation occurred before the amendments were effective.

HR’s Strategies Illuminated in New Survey

Human resources is taking a variety of approaches to getting through tough economic times, including imposing salary and bonus freezes and trying to reduce health care costs, a new survey finds.

Risk Assessment Is Key to Hiring Qualified Truckers, Experts Say

Narrowing the applicant pool to exclude potentially risky hires is a good approach to all hiring decisions, but even more so when hiring truck drivers, said two experts during a March 24 HR. COM Webinar.

Workers Covered by Contracts of Limited Duration and the FMLA

By Peter Susser, Esq.
In recent years (and in challenging economic times), employers have made much more extensive use of contract arrangements for the receipt of services for a broad range of functions.

Perfect Storm Hits Business Aviation

Washington has been busy cooking up trouble for executives who fly in private jets. The outcry seems to have emerged as the second front in a general campaign against what an angry public and government call abusive compensation practices.

Court: SSA Determination Doesn't Bar EEOC ADA Suit

An employer cannot block the EEOC from seeking relief on a disabled sales manager's behalf on the ground that the employee had applied for and obtained Social Security disability benefits, a federal district court in Illinois has ruled.

Shipbuilders Council, OSHA Renew Safety Alert Alliance

The Occupational Safety and Health Commission (OSHA) and the Shipbuilders Council of America (SCA) have renewed an alliance to develop safety alerts on shipyard hazards. The first set of new alerts concern electrocution and welding hot work hazards.

Virtues of Online Employment Testing Are Many, Experts Say

Online testing of job applicants is a good way to find qualified applicants for a particular job while minimizing the chances the testing will have discriminatory effect, according to two experts who spoke during an HR.