Are depression and anxiety considered disabilities?

Answer from Kyle, PHR: They can be, yes. Under the Americans with Disabilities Act (ADA), an individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an...

Making the Workplace a Safe Place to Speak Up

Right now, organizations across the country are asking themselves what they can do to make their workplaces more inclusive, diverse, and equitable, particularly for Black employees. They’re hosting conversations, acknowledging areas where they’ve fallen short, and...

Are we required to restore employees returning to work after a furlough to their original positions?

Answer from Kyle, PHR: Unless an employee was out on job-protected leave, such as FMLA or EFMLA, you are not required to return them to their original position or to an equivalent one (or bring them back at all). Given the impact of COVID-19 on business operations...

We’re currently being inundated with unsolicited resumes. Do we need to keep all of them?

Answer from Kim, SPHR, SHRM-SCP: You can keep or discard unsolicited resumes, but your practice should be consistent. Keeping some while discarding others could open you up to discrimination claims if your hiring decisions were ever challenged. If you’re feeling...

Can we deny an employee’s use of accrued vacation time?

Answer from Emily, PHR: Yes, the decision to approve or deny the use of accrued vacation time is up to you, assuming you do so in a consistent and non-discriminatory manner. It would be acceptable, for example, to deny a vacation request because approving it would...

Does “at-will employment” mean we can terminate without risk?

Answer from Monica, SPHR, SHRM-CP:No, termination always comes with some risk, even when the employment is at-will. While at-will employment allows either you or the employee to terminate the employment relationship at any time, with or without notice, and with or...