Legal Ease Claim-Proofing Your Workplace By Richard D. Alaniz, Alaniz Law & Associates


veryone who owns or manages a business knows that there are myriad of laws and regulations regarding their employees with which they must comply every day they operate. Each year brings new rules regarding the workplace from either the federal or state government, and often from both. Violation of their numerous rules can lead to legal claims against the employer.


E Unfortunately, almost every


work-related legal entanglement that impacts an employer has its origin in workplace events whose potential legal significance was either not recognized or inadequately addressed when they arose. In most instances it is the floor supervisor who is the first to be made aware of the problem circumstance.


In an ideal world, supervisors


are an employer’s first line of defense against potential legal claims relating to employees.


Unfortunately, all too


often supervisors, as well as managers, fail in this critical duty resulting in costly legal claims. Recognizing the problem, pro-active employers in recent years have begun providing their managers and supervisors training on the type of workplace events that are potential legal risks for the operation. More often than not the training is focused on the topics of sexual harassment and discrimination in general. To some extent, this is the result of the legal mandate for such training in a number of states.


Failure


to provide such mandatory training can be considered as evidence against the employer if a claim of sexual harassment or discrimination is made. While training on these topics may be legally required and is certainly in the employer’s best interests, these issues have been in the public eye for such a long period that almost everyone who manages employees is aware of the do’s and


32 ❘ February 2025 ®


don’ts. Employees too are quite aware of the type of conduct and/or comments that can put them in hot water regarding these issues.


While some claims of


harassment and discrimination still arise, they have become relatively infrequent in most workplaces. However, issues, sometimes quite difficult ones, under other workplace laws have increased substantially in recent years. Among the most common and difficult claims are those that arise under the American With Disabilities Act (ADA).


The increase


in claims is largely attributable to the dramatic expansion of the definition of “disability” by court decisions and government agencies from what was originally intended by Congress.


It


includes both physical and mental disabilities.


Virtually any


condition that causes a limitation is likely to be found to be a disability.


medical In


the majority of instances the limitations affect to varying degrees the ability of the disabled employee to perform their job. This raises the most critical aspect of the ADA. The law requires employers to “reasonably accommodate” the employee’s medical limitation. What


accommodation is reasonable often becomes a contentious issue with serious legal implications. Given the breadth of potential disabilities and the impact they may have on job duties, a myriad of issues can arise. A well-trained supervisor will recognize that more knowledgeable and experienced help is needed when dealing with disabled employees.


Too often however, their


training, if any, has been limited to the issues of harassment and discrimination with scant mention of such laws as the ADA.


Another law that can create


difficult and sometimes costly issues for employers is the Family and Medical Leave Act (FMLA).


This federal law,


which applies to employers with at least 50 employees, provides qualified employees with up to 12 weeks of unpaid leave for medical conditions of the employee, or immediate family member, and includes the birth or adoption of a child.


numerous states have adopted similar leave laws, and most include some level of pay during the leave. Employees are


Over the past several years,


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