What if a management consultant suggests that you find “young, energetic” people to take over? A court ruling last week sends a clear warning: Be careful who you listen to for advice … and where you write it down.

It’s getting dark out sooner. And with the darker season comes struggles for employees who suffer from Seasonal Affective Disorder (SAD). SAD is a form of depression in which a decrease of natural light triggers a mood disorder. So does that mean you may have to offer SAD sufferers a workspace near sunlight? Quite possibly, as a recent court ruled that “Natural light may be a medical necessity”…

Have you checked your company’s bulletin boards lately? Do they show the correct, updated federal- and state-law posters? As this week’s new court ruling shows, poster mistakes can actually breathe new life into supposedly dead employment lawsuits …

The Americans with Disabilities Act (ADA) has been in place for almost 20 years and was expanded this year to create even broader protections. If employees know their rights, and courts know them too, why don’t employers? Let’s see how a talk show ended up in the middle of a big courtroom drama …

You’re required to offer job accommodations to employees with qualifying disabilities. But if an employee has a medical condition that requires frequent bathroom breaks, does that count as a “disability”? The answer is a clear “yes," especially this year …

Sure, at one time or another, we’ve all worked for some great bosses and some bad bosses. But nothing can be more debilitating than working for someone who is ignorant of the laws. In the following case, a company president walked right into an FMLA lawsuit because he had never even heard of the Family and Medical Leave Act. He knows about it now ...

The economy is still funky. Unemployment continues to rise. And, with Boomers entering their retirement years, some of those older laid-off employees are crying foul. In fact, the EEOC last year reported a shocking 29% rise in age discrimination claims. The good news: A recent U.S. Supreme Court decision made it more difficult for employees to win such cases, as the following case shows …

You must grant “reasonable” work accommodations to disabled employees. But what if the person’s disability could actually create a safety threat in the workplace? Must you still keep him in that job?

Have you ever felt that punch-to-the-stomach feeling of clicking “Send” and realizing you sent an e-mail to the wrong person? That usually causes only mild embarrassment. But as the CEO in the case below learned, one misguided e-mail mixed with some poor judgment can stir up a potent legal stew …

If you have an employee who seems constantly exhausted, take note: He or she may suffer from chronic fatigue syndrome (CFS). And under the newly revised Americans with Disabilities Act (ADA), that person could be deemed “disabled” and entitled to reasonable work accommodations ...

Do you have employees who are required to drive as part of their duties? What should you do if they start taking prescription painkillers? Do you have to still let them get behind the wheel in order to avoid an Americans with Disabilities Act (ADA) claim? Or can you fire them for not being able to perform the essential functions of the job?

You may think your managers know how to respond to harassment claims. But what if those complaints are about male-on-male or female-on-female harassment? That’s not what harassment looked like in the training video! Would your managers shrug it off--as in the following case--by saying, “Don’t be so sensitive. Go back to work!” If so, get ready to write a big check—and don’t be so “sensitive” about how many zeros your company might have to put at the end.

Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD). It’s pretty common. About 8 million American adults suffer from it. It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.

Do employees who return from job-protected leave become “untouchable,” even if they perform poorly? Can holding their feet to the performance fire look like retaliation? In this new case, an employer fired a worker just six weeks after her FMLA leave. Six weeks is like a nano-second on the retaliation stop watch. But the court still dismissed the case. Why?

It’s smart to set reasonably lofty goals for employees. But is there a danger in setting those goals too high? One court recently let a jury decide whether a company’s higher-than-the-moon goals were discriminatory. And, as we all know, once an employer is pushed off to a jury, it’s an instant loss… in time, money and brand damage ...

Diabetes is the cause of 15 million lost workdays a year in the United States and, starting in 2009, the ADA expressly makes diabetes a covered disability. A new court ruling shows the legal risk caused by supervisors who lack the understanding of (or compassion for) diabetic symptoms, which sometimes include frequent urination … 

So you’ve had enough. The employee messed up big time again and you can’t take it any more. Thank goodness all your ducks have been lined up by a supervisor who documented previous poor performance. There’s even a “last chance” agreement in the employee’s file. What a gift! Go ahead and pull the plug. This is a worry-free decision, right? Not so fast, as a new court ruling shows. First, you better make sure the previous documentation was written by an unbiased supervisor. This begs the timely question: “Who can you trust any more?”

Do you sometimes let employees bend company policy … just a little? It’s really no big deal, right? A new court ruling warns that if you start bending a policy for one, you’d better be ready to bend it for all. Being flexible can sometimes be fatal.

Does your organization recruit via “word of mouth?” While companies may be spending less on recruitment efforts during these difficult economic times, be careful. A new court ruling says that relying too heavily on this hiring tactic could, in fact, trigger a discrimination lawsuit …

Do you assign points or scores to rank candidates during their interviews? If so, do you explain in writing why the applicant received each score? A new court ruling says you’d better back up those numbers with an explanation or you might just lose points in front of a jury if you’re sued for discrimination …

Employees request time off for doctors' appointments all the time. But, do you have to grant them? Could the request trigger FMLA rights, even if the employee was not previously incapacitated or ill for three or more calendar days? A new court ruling says that if an employee simply thinks she has a serious condition, she may be able to take FMLA leave to have it checked out ...

Sometimes, when an employee departs for FMLA leave, you’re almost positive that he or she is incapable of returning to work before the allotted 12 weeks expire. You might as well start processing her termination papers a few days early, right? Not so fast, one court says. If you jump the gun and pre-process the termination—even one day before the FMLA leave ends—you may be triggering liability …

Your organization must make “reasonable" efforts to accommodate an employee’s qualifying disability. But, as a new case shows, don’t be so quick to simply transfer that employee to another position. The ADA and many state laws require you to first try to accommodate disabled workers in their current jobs …

If you know an employee is suffering from depression, don’t be so quick to accept his or her hasty resignation, a new court ruling shows. Instead, you may need to identify this person as disabled under the Americans with Disabilities Act (ADA) and, therefore, engage in an “interactive process” to find a work accommodation …

Employees' family issues sometimes flare up into domestic violence. About a dozen states have laws that allow employees to take job-protected leave from work to deal with domestic violence issues. But take note: Even if your state doesn’t have a specific law, you may need to grant such rights as a matter of “public policy.” A recent court ruling from Washington state shows the legal risks ...