Articles Posted in Discrimination and Unlawful Harassment

I know what some of you are thinking, “Seems more like a Tuesday topic to me.” To you folks I say, “Get the hell out of here! YOU’RE NUTS!!!”

Ok, you’re right, let’s start over.

One of the exotic dancers at a Georgia gentlemen’s club got preggers. Wait. Do the kids still say preggers? Yeah, let’s try and be mature about the serious Monday post. A woman who gyrates on stage for dollars, and maybe on customers’ laps too — I don’t know for sure — got pregnant. Hey, look, I’m not judging.

Two months later, she lost her job.

The woman claimed that her employment was terminated due to her pregnancy in violation of Title VII. Continue reading

Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.”

(By the way, if you want to snag a copy of that webinar, drop me a line, and I’ll see what I can do about getting you a copy).

One point we emphasized during the webinar is that, for employees taking FMLA leave for their own serious health condition, companies need to have a plan to address the FMLA implications and the potential interplay — there’s that word again — with the ADA. Because, remember, leave may be a reasonable accommodation under the ADA. Continue reading

In a world, where an employee cannot prove age discrimination after getting fired for playing golf during his medical leave, comes the story of a pharmacist *** dramatic pause *** who wouldn’t give flu shots. While we wait for Hollywood to greenlight this movie — I’m thinking Gary Oldman as the pharmacist and Blossom‘s Jenna von Oy as the customer — you’ll just have to settle for a short blog post about the age discrimination lawsuit that ensued after the pharmacist was fired.

As detailed in this recent Pennsylvania federal court opinion, a drug store decided to require that its pharmacists immunize customers upon request. The plaintiff, a pharmacist, was morally opposed to administering the flu vaccine because a close friend of his had contracted Guillain-Barre Syndrome after receiving a flu vaccine. The drug store didn’t doubt the sincerity of the plaintiff’s beliefs. Nonetheless, it fired him because he refused to immunize customers, which was an essential part of his job. Continue reading

What the hell are you talking about, Eric? Why would we make an independent contractor sign a release of employment claims before starting work for our company?

So glad you asked. Although, I’m not sure I like your tone.

*** takes pills ***

Many years ago, Allstate Insurance restructured its business, where it decided to longer have employees; only independent contractors. So, it offered its employees a bunch of options. One option was a severance; another was the ability to convert to independent contractor status. Either way, the individual had to release all past and presented employment-related claims agains the company.

When the EEOC got wind of the conversion option, they cried retaliation.

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Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition.  This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show her sleeping on the job. In response, the plaintiff told the company that she was taking medication that made her “sleepy.”

Does this sound familiar?

Well, it should, because we’ve covered this before. An employee who, because is a disability, may have a tendency to fall asleep at work, could still be qualified to perform the essential functions of the job.

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Remember that blog post I had from July of last year, the one you contemplated getting tattooed on your back.

Yeah, you know the one. This one, silly. About the Fundamentalist Christian, who, upon filling out his new-employee paperwork, refused to provide a social security number because it would cause him to have the “Mark of the Beast.” So, he sought a religious accommodation, which the company refused to provide because obtaining a social security number is a federal requirement.

Welp, the employee appealed the decision to a federal appellate court?

How you think that turned out? Find out after the jump…

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