By Augustus Binu, CC BY-SA 3.0, Link Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it. Instead, I encourage you to go to SHRM’s website and read this article from Roy Maurer. Roy addresses a decision by the…
Image Credit: https://freesvg.org/1550658029 (Public Domain) Regular, in-person attendance is generally critical to performing one’s job. So, when an employee exhausts her twelve weeks of leave under the Family and Medical Leave Act only to miss another 33 days of work (resulting in a 59% absentee rate), one’s job security may…
Downturn Direction Banks Trend Down Symbol Arrow (Maxpixel.net: License to use Creative Commons Zero – CC0) In the context of an employment discrimination lawsuit, when I think about a demotion, I’m also thinking of retaliation. The plaintiff with a disability was also thinking the same thing in this recent federal court…
Image by Tariq Abro from Pixabay I’m pretty sure that I’ve blogged about this before. But, maybe not. So, either what I’m about to tell you bears repeating, or I’m only going to say this once, so pay attention. If an employee with a disability requests a chair, stool, or…
Image by mohamed Hassan from Pixabay There are times when employers have to make difficult decisions impacting the workplace. Today, I’m going to talk to you about one of them involving an employee who attempted suicide and, subsequently, pressed the company to return him to work. The plaintiff in this…
Renée Gordon (FDA), Victovoi [Public domain], via Wikimedia CommonsLast night, I read this recent Seventh Circuit opinion about a man who applied for a job with a railroad. The job required some fairly physical work; namely, climbing and working on and around heavy equipment. The company’s policy was not to…
Image Credit: Grouch (Joker Parody) – SNL (YouTube) Let’s pretend that you operate a sanitation company. One of your employees — let’s call him ‘Oscar’ — tells you that he would like to take a multi-week sabbatical to learn more about his job and spend some time living in a…
Image Credit: Photofunia.com (https://photofunia.com/results/5d92b3c0089f7a3a938b457d) Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation. Specifically, do you have…
sailko [Public domain], via Wikimedia CommonsWell, maybe not you and yours. But, read on just in case. Over the weekend, I read this federal court opinion involving a woman’s claims that her former employer violated both the Americans with Disabilities Act and Title VII of the Civil Rights Act of…
Image by DigitalShards from Pixabay I’ve talked a fair amount recently about retaliation claims (here and here), mostly focusing on timing as the possible link between a protected activity (such as a complaint of discrimination) and an adverse employment action (like a firing). The plaintiffs in those cases were unsuccessful…