Yep, in this precedential opinion, the Third Circuit Court of Appeals created a Family and Medical Leave Act loophole that could protect “the most frivolous leave requests.”

Folks, if your business is covered under the FMLA, and you’ve ever had to deal with a questionable medical certification for an employee’s serious health condition, read on…

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Pablo Sandoval (17234905956).jpg

Last week, released its survey of the most common workplace productivity killers. Three of the top four were cell phones, the internet, and social media. In Wednesday night’s game against the Atlanta Braves, Boston Red Sox third baseman Pablo “Kung Fu Panda” Sandoval hit all three of those.

During a mid-game trip to the bathroom, Panda grabbed his cell phone and “liked” a few pictures of a woman on Instagram.


A sports blogger caught the in-game “like” and exposed Panda on Twitter. Panda later admitted his faux-pas (although, he claims that he meant to like other photos — bruh!). Either way, cell phone use within 30 minutes before game time is against Major League Baseball’s policy. So, Panda rode the pine last night, serving a one-game suspension.

I could on with this story, but, I’ll defer to the PTI guys, Michael Wilbon and Tony Kornheiser, and this amusing exchange.

Image Credit: “Pablo Sandoval (17234905956)” by Keith Allison from Hanover, MD, USA – Pablo Sandoval. Licensed under CC BY-SA 2.0 via Wikimedia Commons.

Ok, to be fair, the Pregnancy Discrimination Amendment Act (here), isn’t exactly the most progressive piece of legislation. Kinda like putting provolone on a cheesesteak; no Cheez Whiz here. Congressman Tim Walberg (R-MI) and Senator Lisa Murkowski (R-AK) introduced the PDAA yesterday to clear up the confusion arising from the Supreme Court’s opinion in Young v. UPS. Continue reading

Wow! I thought I’d seen it all in the employment space in the past 72 hours with this Rachel Dolezal downward spiral (bing, bang, boom).

But, this recent federal-court opinion I read last night. The one about an employee with Attention Deficit Disorder who was fired after discussing vaginal massages with a co-worker (even Tyrion Lannister would blush) restores my confidence in my chosen profession.

Rather than just walk away, why did this employee claim violations of various federal employment laws? Because the blog gods are good, my friends.

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Yesterday, the EEOC’s Select Task Force on Workplace Harassment (STF) — as opposed to this STF (sorry, I’m basically a 12-year-old trapped in a quasi-successful lawyer’s body) — held its first public meeting. The purpose of the meeting was to explore the scope of workplace harassment and the types of research already existing on the issue. Continue reading


Late last week, Rachel Dolezal, the President of the Spokane Chapter of the NAACP and a leader in the black community, was outed by her parents as being white.

The controversy caught a lot of people by surprise, most notably, the Spokane Chapter. Amidst a flurry of activity over the weekend — just check your Facebook and Twitter feeds — Ms. Dolezal planned to address the issue at a monthly meeting tonight. However, the Spokane Chapter announced on its Facebook page that the meeting would be postponed “to continue discussion with regional and national NAACP leaders.”

Now, what if this discussion consummated in firing Ms. Dolezal? Would that be legal? Continue reading

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Let’s say that you have an employee who suffers from anxiety and stress. The employee is very religious and her doctor encourages her to attend church on Sundays. Not only does church provide fulfill her spiritually, but it helps to lower both the stress and anxiety and significantly reduce her reliance upon prescription medication.

But, you’ve scheduled this employee to work a Sunday through Thursday schedule. Still, she comes to you and asks for all Sundays off to attend church as an accommodation for her anxiety and stress, which are probably disabilities under the Americans with Disabilities Act.

Question: Do you have to allow her to go to church? Continue reading