A recent federal appellate court decision is an important reminder to confirm early—not later—whether the employee suing your business signed an arbitration agreement. The plaintiff had signed an agreement with an arbitration provision that covered his subsequent claims for disability discrimination, which he filed in federal court. But the employer…
Imagine being an employer-defendant and reading that sentence as the lede in a court’s summary judgment opinion. Ouch! But that’s precisely what an Indiana federal judge wrote about a defendant who fired an employee after it appeared to the company that the worker had amassed too many absences related to…
In a recent Fourth Circuit decision, the plaintiff learned this lesson the hard way. The plaintiff, a lawyer who later earned a promotion to Town Manager, suffered from anxiety, depression, and high blood pressure. He alleged in his complaint that the defendant knew about these disabilities. In January 2018, a…
“Miscarriages can be personally devastating. No one should have to choose between getting the pregnancy care they need and losing a job.” That quote comes from a senior U.S. Equal Employment Opportunity Commission trial attorney as part of a press release announcing a settlement of pregnancy and disability discrimination claims…
Right or wrong, an honest belief may be all it takes to proffer a nondiscriminatory reason for an adverse employment action. Do you remember that employer that terminated 65 employees seeking FMLA simultaneously with the same doctor’s notes? The Fourth Circuit Court of Appeals concluded that the company suspected shenanigans,…
Recently, I read a recent federal appellate court decision involving an employee with a rare form of Tourette Syndrome that caused him to use obscenities and racial slurs. While that could be dicey around coworkers, this employee’s job required excellent customer service skills while making deliveries and interacting with said customers.…
Also, it is a bad idea to give that same employee a “retire-or-be-fired” ultimatum shortly after they return from bypass heart surgery. Am I making this stuff up? When have you known me to do that? No, these allegations come from a recent U.S. Equal Employment Opportunity Commission (EEOC) press…
Historically, federal courts have determined that the Americans with Disabilities Act does not protect individuals with disabilities with valid medical marijuana prescriptions who lose their jobs for testing positive. But, in 2024, most states have recognized the medical benefits of cannabis and have legalized it for medical use by their…
Earlier in the week, I shared four ways to BOTCH a sexual harassment investigation. My “muse” was an Employee Relations Department that caught the attention of the EEOC for its alleged poor handling of an employee’s complaints of sexual harassment. But I appreciate a good comeback story, don’t you? And…
This sounds like something that might interest the U.S. Equal Employment Opportunity Commission. Oh, wait. Would you look at this EEOC press release? It seems her employer may have engaged in age and disability discrimination. Let’s see why the EEOC believes this: (I mean, other than “duh!”) According to the lawsuit, the…