Annette McCanney’s Post

AVOID VAGUE, GENERIC DISABILITY QUESTIONS ♿❓ When asking disabled job applicants about their conditions, be sure to link your questions to how the disability will directly affect job performance. Avoid vague, generic inquiries about the condition itself. Such advice comes too late for Olive Garden, Tarentum, PA, which has been forced to pay $30,000 to settle an EEOC disability bias lawsuit. The trouble started when Jarrell Murray-Sinicki, a man who suffers from ataxia, a condition that makes it hard to walk, applied for a job. The hiring manager noticed that Murray-Sinicki was using a cane, so he asked the disabled man what was wrong with him and how bad his disorder was. There were no questions about how the disability might affect his job performance. Murray-Sinicki was turned down for the position, so he contacted the EEOC, which sued for disability bias. 🏛 ⚖ Based on EEOC v. GMRI, Inc., d/b/a Olive Garden. 🗂 💼 ^ This article is featured in the upcoming May 10th issue of HR Manager's Legal Alert for Supervisors. 💰 💲 If you want to keep costs down, spread education, news, knowledge, and information to your frontline supervisors via our bi-weekly newsletters, give us a shot. Keep in mind that you don't have to make an HR budget decision just yet either! Via https://lnkd.in/e_7AKbgE, you can sample the next four copies of our newsletter over the course of two months for free. If you still find it isn't a valuable resource, you don't have to pay any money or cancel, your issues will just stop coming after the two month period is over. If you do decide to continue with us, we only cost $265 per YEAR. So let's continue to fuel the HR-related needs of our employees, & let's do so at a jaw-droppingly low price. 😊 🤗 🤳 📸 * THIS PHOTO IS UNRELATED TO THIS INCIDENT; IT IS FOR REFERENCE PURPOSES ONLY #documentation #hr #budget #decision #sample #pdf #free #copies #newsletter #money #litigation #prevention #support #valuable #resource #news #education #knowledge #low #price #accommodation #guidance #eeoc #pregnant #workers #fairness #act #staffer #assessments #unduehardship #disbaility #wheelchair #cane #impairment #disabilitybias #disabilitydiscrimination #supervisors #legal #workplacediscrimination #bias #agediscrimination #genderdiscrimination #userra #sexualharassment #equalpay #hrusa #hr_us #humanresourcedirectors #humanresourcesprofessional #humanresourcesdevelopment #nationaloriginbias #religious #discriminations #discriminationlaw #litigationlaw #hr #employers #preventive #measures #stop #workplace #lawsuits #humanresourcesspecialist #hrmanager #humanresourcesmanager #humanresourcesrirector #hrmanagement #hrmanagers #hrdirectors #humanresourcedirector #humanresourcemanager #humanresourcesdirector #supervisor #easyread #insight #b2b #newsletter #publication #employees #employers #olivegarden #cane #disorder #interview #questions #question

AVOID VAGUE, GENERIC DISABILITY QUESTIONS ♿❓ When asking disabled job applicants about their conditions, be sure to link your questions to how the disability will directly affect job performance. Avoid vague, generic inquiries about the condition itself. Such advice comes too late for Olive Garden, Tarentum, PA, which has been forced to pay $30,000 to settle an EEOC disability bias lawsuit. The trouble started when Jarrell Murray-Sinicki, a man who suffers from ataxia, a condition that makes it hard to walk, applied for a job. The hiring manager noticed that Murray-Sinicki was using a cane, so he asked the disabled man what was wrong with him and how bad his disorder was. There were no questions about how the disability might affect his job performance. Murray-Sinicki was turned down for the position, so he contacted the EEOC, which sued for disability bias. 🏛 ⚖ Based on EEOC v. GMRI, Inc., d/b/a Olive Garden. 🗂 💼 ^ This article is featured in the upcoming May 10th issue of HR Manager's Legal Alert for Supervisors. 💰 💲 If you want to keep costs down, spread education, news, knowledge, and information to your frontline supervisors via our bi-weekly newsletters, give us a shot. Keep in mind that you don't have to make an HR budget decision just yet either! Via https://lnkd.in/e_7AKbgE, you can sample the next four copies of our newsletter over the course of two months for free. If you still find it isn't a valuable resource, you don't have to pay any money or cancel, your issues will just stop coming after the two month period is over. If you do decide to continue with us, we only cost $265 per YEAR. So let's continue to fuel the HR-related needs of our employees, & let's do so at a jaw-droppingly low price. 😊 🤗 🤳 📸 * THIS PHOTO IS UNRELATED TO THIS INCIDENT; IT IS FOR REFERENCE PURPOSES ONLY #documentation #hr #budget #decision #sample #pdf #free #copies #newsletter #money #litigation #prevention #support #valuable #resource #news #education #knowledge #low #price #accommodation #guidance #eeoc #pregnant #workers #fairness #act #staffer #assessments #unduehardship #disbaility #wheelchair #cane #impairment #disabilitybias #disabilitydiscrimination #supervisors #legal #workplacediscrimination #bias #agediscrimination #genderdiscrimination #userra #sexualharassment #equalpay #hrusa #hr_us #humanresourcedirectors #humanresourcesprofessional #humanresourcesdevelopment #nationaloriginbias #religious #discriminations #discriminationlaw #litigationlaw #hr #employers #preventive #measures #stop #workplace #lawsuits #humanresourcesspecialist #hrmanager #humanresourcesmanager #humanresourcesrirector #hrmanagement #hrmanagers #hrdirectors #humanresourcedirector #humanresourcemanager #humanresourcesdirector #supervisor #easyread #insight #b2b #newsletter #publication #employees #employers #olivegarden #cane #disorder #interview #questions #question

AVOID VAGUE, GENERIC DISABILITY QUESTIONS ♿❓ When asking disabled job applicants about their conditions, be sure to link your questions to how the disability will directly affect job performance. Avoid vague, generic inquiries about the condition itself. Such advice comes too late for Olive Garden, Tarentum, PA, which has been forced to pay $30,000 to settle an EEOC disability bias lawsuit. The trouble started when Jarrell Murray-Sinicki, a man who suffers from ataxia, a condition that makes it hard to walk, applied for a job. The hiring manager noticed that Murray-Sinicki was using a cane, so he asked the disabled man what was wrong with him and how bad his disorder was. There were no questions about how the disability might affect his job performance. Murray-Sinicki was turned down for the position, so he contacted the EEOC, which sued for disability bias. 🏛 ⚖ Based on EEOC v. GMRI, Inc., d/b/a Olive Garden. 🗂 💼 ^ This article is featured in the upcoming May 10th issue of HR Manager's Legal Alert for Supervisors. 💰 💲 If you want to keep costs down, spread education, news, knowledge, and information to your frontline supervisors via our bi-weekly newsletters, give us a shot. Keep in mind that you don't have to make an HR budget decision just yet either! Via https://lnkd.in/e_7AKbgE, you can sample the next four copies of our newsletter over the course of two months for free. If you still find it isn't a valuable resource, you don't have to pay any money or cancel, your issues will just stop coming after the two month period is over. If you do decide to continue with us, we only cost $265 per YEAR. So let's continue to fuel the HR-related needs of our employees, & let's do so at a jaw-droppingly low price. 😊 🤗 🤳 📸 * THIS PHOTO IS UNRELATED TO THIS INCIDENT; IT IS FOR REFERENCE PURPOSES ONLY #documentation #hr #budget #decision #sample #pdf #free #copies #newsletter #money #litigation #prevention #support #valuable #resource #news #education #knowledge #low #price #accommodation #guidance #eeoc #pregnant #workers #fairness #act #staffer #assessments #unduehardship #disbaility #wheelchair #cane #impairment #disabilitybias #disabilitydiscrimination #supervisors #legal #workplacediscrimination #bias #agediscrimination #genderdiscrimination #userra #sexualharassment #equalpay #hrusa #hr_us #humanresourcedirectors #humanresourcesprofessional #humanresourcesdevelopment #nationaloriginbias #religious #discriminations #discriminationlaw #litigationlaw #hr #employers #preventive #measures #stop #workplace #lawsuits #humanresourcesspecialist #hrmanager #humanresourcesmanager #humanresourcesrirector #hrmanagement #hrmanagers #hrdirectors #humanresourcedirector #humanresourcemanager #humanresourcesdirector #supervisor #easyread #insight #b2b #newsletter #publication #employees #employers #olivegarden #cane #disorder #interview #questions #question

FIRED FOR SHOUTING AND SLAPPING CLIENTS, WORKER CRIES UNFAIR DISMISSAL Employer argues actions amounted to 'serious misconduct'   The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a disability support worker and a large disability services organisation. The case centred around allegations of misconduct towards clients with disabilities.   The worker had been employed as a disability development and support officer since January 2021, having transferred from the Department of Health and Human Services. She worked in a disability accommodation house, supporting four clients with disabilities.   In November 2023, the employer began investigating two separate allegations that the worker had physically and emotionally abused two clients.   This investigation substantiated the allegations, leading to a show-cause process and, ultimately, the termination of the worker's employment in January 2024.   The worker then filed an unfair dismissal application with the Fair Work Commission, challenging the grounds for her dismissal. The FWC’s considerations In evaluating whether the dismissal was harsh, unjust or unreasonable, the FWC considered several factors as outlined in section 387 of the Fair Work Act. These included whether there was a valid reason for dismissal, if the worker was notified of the reason, and if she had an opportunity to respond.   The FWC also noted that while serious misconduct can constitute a valid reason for dismissal, it is not necessary to prove serious misconduct to establish a valid reason. The key consideration is whether the conduct was sufficiently grave to justify dismissal as a reasonable response.   After weighing all the evidence and arguments, the Fair Work Commission ultimately found that the worker was not unfairly dismissed. The Commission concluded that the employer had a valid reason for the dismissal related to the worker's conduct, which had been properly investigated and substantiated.   ASSISTANCE Information provided in this post is general only and it does not constitute legal advice and should not be relied upon as such. HRGS provides no warranty as to its accuracy, reliability, or completeness. Before taking any course of action related to this post you should make your own inquiries and seek independent advice (including the appropriate legal advice) on whether it is suitable for your circumstances.   Our HR Advice Service is here to help businesses manage their workplace and compliance issues. Employers requiring assistance, support, and guidance, please call us at 1300 46 47 47 or visit us at www.hrgs.com.au.   #hrgsbusinesspartner #hrgsnews #hrgshelp #hrgsadvice #hrgsconsulting

Big News in Disability Benefits Reform! The Social Security Administration is finally dropping obsolete jobs like pneumatic tube operator and nut sorter from its database used to deny disability benefits. For decades, these outdated job titles blocked thousands of disabled claimants from receiving the support they desperately needed. Commissioner Martin O’Malley acknowledged that reliance on such outdated data "undermines trust in the rest of the process" of applying for disability benefits. Our disability attorney, Bill Demas shares his thoughts on this long-awaited change: "It's about time..." Stay tuned for a more detailed response video featuring Bill, where he will discuss the implications of this significant update. #DisabilityLaw #SocialSecurity #LegalUpdates #BillDemas #DisabilityRights https://lnkd.in/enQwBY9K

🌟 Highlighting a crucial recent judgment from the UK Employment Appeal Tribunal (Godfrey v NatWest Markets Plc [2024] EAT 81) as a must read for lawyers handling disability discrimination claims in employment tribunals, whether representing employers or employees, as it underscores a crucial point: employees cannot rely solely on their employer's awareness of their disability. Instead, they must promptly disclose any disabilities and be prepared to undergo a medical assessment if required. In this case Mr. Godfrey, who was diagnosed with Asperger's syndrome, alleged that NatWest Markets Plc discriminated against him by not considering him for roles between 2017 and 2019. Despite arguing that his conduct in previous roles should have alerted the company to his condition, both the Employment Tribunal and the EAT concluded that NatWest neither knew nor reasonably could have known about his disability. Consequently, his discrimination claim was unsuccessful. This ruling highlights the critical importance of proactive disclosure by employees regarding their disabilities. It clarifies that employers cannot be held accountable for discrimination based on undisclosed conditions that they were not reasonably aware of. For legal professionals representing either employers or employees, understanding this precedent is essential in navigating disability discrimination cases effectively in the tribunal system. https://lnkd.in/ex8Z4ebV #EmploymentLaw #DisabilityDiscrimination George Z. Georgiou

Changes To Past Relevant Work and Disability Determinations Effective June 22, Social Security began considering work going back 5 years, not 15. In addition, work is no longer relevant if the job lasted less than 30 calendar days. Decreasing the relevant work period from 15 to 5 years will make it easier for people to accurately report their work history. The reduction also makes sense given Social Security’s recent efforts to modernize the vocational policy that is used to make disability decisions. Research indicates that certain types of skills – namely, “manual” skills – can significantly deteriorate in 5 years. Read the full story on SSA Blog

In a groundbreaking move, the Social Security Administration is ditching outdated job listings to improve disability benefits applications. Commissioner Martin O'Malley announced the removal of 127 obsolete positions, including nut sorter and pneumatic tube operator, in response to a Washington Post investigation. This change aims to streamline the process and potentially increase approval rates, although advocates call for more comprehensive reforms. Modernizing the job system is a crucial step towards restoring trust and fairness in disability benefits. #SocialSecurityReform #DisabilityRights #ModernizingBenefits https://lnkd.in/gDJAqc2b

Disability is a topic I have had some engagement with, and direct personal #experience of, over the years and in variously unexpected yet significantly challenging ways. Negotiating #disability sustainably and regeneratively at a national scale has been a conspicuous absence for some time. For goodness' sake, don't leave it to the career bureaucrats. Nothing is so certain to generate administrative inertia and downstream sociopsychological suffering (of unintended consequences) as is the mad dash for promotion, cash and power that organisational metamorphosis so endemically incentivises. There's the rub: semantic intent is rarely translated into unproblematic mechanisms of operational instrumentalisation. It's so much bigger than #politics. #australia #ndis

At long last, the antiquated list of occupations Social Security uses to decide if there's a job you could do instead of getting disability benefits has been updated. So you can't be rejected for help because you could find work as a "paperhanger," "almond blancher " or "microfilm processor." Nash Disability Law explains in one of their latest blog posts. And see the comments for the story from The Washington Post. #SSD #DisabilityLawyer #disabilitylaw