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The Employer Handbook BlogRemote Professor? A School’s No-Remote Rule Could Not Avoid an Accommodation Trial
A no-remote rule sounds straightforward. It became much less so when a professor with an autoimmune condition requested an accommodation.
The Protected-Leave Problem That May Be Hiding in Performance Metrics
Protected leave can be approved on paper and penalized in a spreadsheet. A federal judge just allowed fourteen employment claims to proceed over an allegedly leave-blind performance system.
A False Cancer Diagnosis Could Not Cure the Employer’s Very Real ADA Problem
He claimed that when he told his employer he had cancer, his boss reacted by saying, “Are you f*****g kidding me? Your obligations are here.” As it turned out, the diagnosis was wrong. That did not spare his employer from facing an ADA trial.
29 Absences, 120 Late Arrivals, and an HR Discrimination Claim That Punched Out Early.
Her job was tracking employee attendance. Unfortunately, someone was tracking hers, too.
Six Emmys Could Not Anchor This Pay Discrimination Claim.
She had six Emmy Awards. The male colleague earning more than she did had none. Continue reading
99.9% of Germs Eliminated. Also Her ADA Claims.
Keeping disinfectant in the office during the pandemic was understandable. Following coworkers around and spraying it on their clothes and sometimes in their mouths was not. Continue reading
A Religious Accommodation Claim Requires More Than a Request and a Denial
An employee requested a religious exemption from a vaccine mandate but initially refused to answer most of her employer’s follow-up questions. By the time she completed the form, the employer said its decision was final.
Why an Open Job Beats Unpaid Leave When an Employee Can Work
The employee asked his manager about less physically demanding jobs. The manager offered to contact the risk department, then could not remember whether he ever did.
Title VII Bans Discrimination and Retaliation, Not Stressful Offices or Difficult Bosses
The employer offered him $400,000 to stay. He still claimed that workplace stress, microaggressions, and an abrasive executive amounted to race discrimination.
Can an Employer Reject a Doctor’s Return-to-Work Clearance?
His doctors cleared him to return to work. The railroad kept him away from moving trains for five years.