Medical

What is the Maximum Leave an Employee Can Take?

Thursday, March 11th, 2010

Sears Roebuck & Co. recently settled with the Equal Employment Opportunity Commission a class-action lawsuit for $6.2 million, the largest monetary award for a single Americans With Disabilities Act (”ADA”) suit in EEOC history.
The accusation against Sears was that the company discriminated against the disabled because it had an inflexible policy that allowed injured employees [...]

Genetic Information Now Protected By Law

Thursday, July 10th, 2008

In June 2008, the Genetic Information Nondiscrimination Act (GINA) was passed by Congress and signed into law by President Bush. The law prohibits discrimination based on genetic information about employees and applicants, their dependants, and any relatives out to the fourth-degree, such as great-grandparents. GINA stops employers from requesting, requiring or purchasing genetic information about [...]

Employing Mentally Disabled Employees

Thursday, June 26th, 2008

            It is disconcerting to consider the issues an employer faces with a mentally impaired employee.
            The Americans with Disabilities Act and the Texas Human Rights Act protect employees with mental impairments when they are employed by a company with at least 15 employees. But many employers are unprepared to legally interview, hire, employ and [...]

Family and Medical Leave Act Mistakes

Thursday, June 26th, 2008

Although the law was adopted with much political posturing in August 1993, I have rarely mentioned the Family and Medical Leave Act (“FMLA”) in this column over the last ten years that I’ve been writing it for two reasons:
1.    It only affects employers who have 50 or more employees on the payroll; and
2.    It [...]

Options For Compensating Injured Employees

Thursday, June 26th, 2008

             Bill is an employee of a small manufacturing business in Amarillo. His job involves operating heavy machinery. One day he injures his back at work. He stays at home for a couple of days. When the pain doesn’t get better, he goes to his family physician, who sends Bill to a specialist, who recommends [...]