Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts by Lorraine Hoffman

Photo of Lorraine Hoffman
Jul 13 2015
Harassment & Discrimination  

Supervisor’s harassing behavior results in $1.5 million liability

A supervisor’s sexually suggestive comments and acts toward three female employees who all asked him to stop resulted in a jury award of punitive and compensatory damages of $1.5 million.

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Jun 23 2015
Safety and Health  

OSHA interpretation letters clarify recording and reporting rules

The Occupational Safety and Health Administration (OSHA) recently issued a number of interpretation letters clarifying the updated recordkeeping and reporting rules that went into effect on January 1, 2015.

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May 25 2015
Disability  

Transfer to previous role may have been reasonable accommodation for disability

A hospital that failed to return an employee who suffered from cognitive difficulties to his previous role may have failed to accommodate the employee’s disability as required by the Americans with Disabilities Act (ADA), ruled the Sixth Circuit U.S. Court of Appeals.

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Photo of Lorraine Hoffman
May 18 2015
Q&ADrug and Alcohol  

Anonymous tip on drug use alone not enough to justify test

Question: Our office has received an anonymous tip that one of our employees regularly uses marijuana. We have a zero tolerance drug policy that includes reasonable suspicion testing. Can we send her in for a drug test?

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Photo of Lorraine Hoffman
May 18 2015
Disability  

Does temporarily changing a job function make it non-essential?

An employer has successfully defended its decision to terminate a supervisor who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment.

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Photo of Lorraine Hoffman
Jan 27 2015
DisabilityLeave Laws  

CALIFORNIA: Indefinite leave of absence is not required under FEHA

A federal district court recently ruled that a California employer wasn’t required to grant indefinite leave for an individual with a disability.

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Jan 22 2015
Leave Laws  

Employer cannot terminate for unmet sales goals when FMLA leave reduced sales

An employer violated the federal Family and Medical Leave Act (FMLA) when an account executive who took five weeks of FMLA leave was subsequently disciplined and terminated for failure to achieve her sales goals.

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Photo of Lorraine Hoffman
Dec 22 2014
Leave Laws  

Taking FMLA into Account Could Create Liability

An ICU nurse who left her hospital and subsequently took leave under the federal Family and Medical Leave Act (FMLA) at her new employer was suspicious when she was not rehired for multiple positions she applied for at her former employer.

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Photo of Lorraine Hoffman
Nov 06 2014
Disability  

Is your workplace technology accessible to people with disabilities?

The U.S. Department of Labor (DOL) has announced a new initiative promoting the employment, retention, and career advancement of people with disabilities through the development, adoption, and promotion of accessible technology.

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