Employment Action Sample Clauses
The Employment Action clause defines the rights and procedures related to actions an employer may take regarding an employee's status, such as hiring, promotion, demotion, suspension, or termination. Typically, this clause outlines the circumstances under which such actions can occur, the process for notifying the employee, and any requirements for documentation or review. Its core practical function is to establish clear guidelines for employment decisions, thereby reducing ambiguity and helping to prevent disputes over personnel actions.
Employment Action. No adverse employment action may be taken against the employee on the basis of any medical or physical condition, including a failure to meet any physical or medical standard or similar deficiency identified through the testing and valuation procedures described above, unless such condition significantly impairs the employee’s ability to safely perform the essential duties of the position in light of his or her age or gender, and consistent with the Americans with Disabilities Act. In the event an evaluating professional identifies a condition that might reasonably interfere with the employee’s ability to safely perform the essential duties of the position, the employee and the employer shall be so informed. The evaluating professional will provide written recommendations concerning appropriate employment actions. The employee shall have the opportunity to secure a second opinion, from an appropriate professional of the employee’s choosing. If the second option is inconsistent with the first, the parties may settle the dispute for final decision to an arbitrator selected by the parties, with expenses shared by the union and the state.