The North Carolina Retaliatory Employment Discrimination Act outlaws discharging employees for filing workers’ compensation claims. It’s a protected activity. Equally illegal: Jumping the gun by firing employees before they actually fill out the workers’ compensation paperwork.
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Q. While on unpaid leave, one of our employees applied for and was granted workers’ compensation. This person has not expressed any interest in returning to work. We think she may even be working somewhere else. Can we terminate her?
Earlier this year, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. In the guide, the EEOC asks the following question: May a private employer give preference in hiring to a veteran with a disability over other applicants?
The ADA requires employers to reasonably accommodate applicants or employees with mental or physical disabilities who are qualified to perform the job’s essential functions with or without a reasonable accommodation. Still, it’s a tricky issue. Five questions and answers from recent court cases and EEOC guidance: