|Dec. 15, 2018 | www.fisherphillips.com|
In “Alice in Wonderland,” the Queen of Hearts once proclaimed, “Why, sometimes I've believed as many as six impossible things before breakfast.” This appears to be the rallying cry of many plaintiffs across the country when they file administrative charges and lawsuits. They continue to name individual supervisors and human resources directors as individual defendants despite case law that generally holds individuals cannot be found liable under some of the most common federal employment discrimination laws: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
Interpreting and applying the Americans with Disabilities Act (ADA) is often among the most challenging aspects of managing the workplace law and human resources functions at your workplace. There are numerous issues to consider with every new situation: Is the employee disabled under the terms of the law? Can the employee perform the essential functions of their job such that they are considered qualified? What reasonable accommodations might be in order?
Coaching. Progressive discipline. Notice of termination. If you ask your managers to list their favorite responsibilities, they would probably leave those off the list. Why? Because they all involve having difficult conversations with employees, and no one ever likes to be the bearer of bad news.
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month was no exception.