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“I just got back from a 3-hour lunch meeting where I reviewed with a
vice president all the changes in our benefits and services policies
that will appear in the next iteration of our
Employee Handbook. I
could speak with knowledge, confidence and authority largely because
of your
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Columbia International University
Columbia, SC
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Employer’s
Quick Guide to HR Laws
Many HR directors and business
owners hear about employment laws and automatically assume they are
covered. This may not be the case. A quick review of these laws and
their coverage can help even the most seasoned HR professional
understand your compliance obligations.
Click here
for your
free download of this valuable 40-page employer resource.
------------------------------------------------------------------------------------------- |
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Supreme Court Rules
On Sexual Harassment By Supervisors:
Should You Revise Your Policies?
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Free
Harassment Policy
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A survey by the American Bar
Association (ABA) shows employers are overwhelmingly successful in
defending themselves against Americans with Disabilities Act (ADA)
discrimination claims, in both court actions and administrative
complaints before the
Equal Employment Opportunity Commission (EEOC).
The survey found that employers won an astounding 95.7% of 434
federal court decisions decided under the Title I employment
provisions of the ADA and 85% of the administrative complaints
completed by the EEOC in 1999.
Get your FREE
access to this and 100's of FREE HR resources today.
[Download
Free Policies]
Employer wins have steadily increased
over the years the ADA has been enforced. The ABA’s previous
survey of 403 court cases covering 1998 showed an employer win rate
of 94.4%, while the first survey of 1200 cases covering 1992 to 1997
showed a success rate of 91.6%. All three of the surveys show
employers prevailing before the EEOC at about the same 85% rate.
[Creating HR Policies or Employee Handbook?]
The study also shows that only 12%
of the 1999 employer court "victories" were settled on the merits of
the employers’ arguments. According to the study, these results
suggest that procedural errors and technical points of law caused a
large portion of the wins, and indicate that employees have a hard
time meeting the legal requirements of the ADA’s definition of
disability. Advocates for the rights of the disabled have contended
that the ADA needs to be made more "employee friendly." Employer
representatives (who generally support the intent of the ADA) point
out, however, that narrow definitions are needed since many of the
claims involve conditions that are hard to substantiate as
disabilities, such as back pain and mental stress.
For more information, contact the ABA Commission on Mental and
Physical Disability Law, 740 15th Street NW, Washington, D.C. 20005,
telephone, 202-662-1570. |
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