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…
By Ivan Curra, CC BY-SA 3.0, Link (Not pictured: Eric Meyer; probably off grabbing a Dole Whip (adult version) and a turkey leg). Folks, the blog posts may not be as fast and furious (i.e., daily) as usual this week. That’s because, yes, I am vacationing with the family in…
Image by Social Butterfly from Pixabay When can you ask an employee if s/he has a problem with alcohol? The answer is almost never. But, one company recently dodged a major bullet after asking an employee whether he had a drinking problem and questions about his drinking in general. Using…
By U.S. Government – Extracted from PDF file here., Public Domain, Link I want to give a little shoutout to the U.S. Equal Employment Opportunity Commission, with whom I am spending the day today in Atlanta at the 22nd annual Examining Conflicts in Employment Laws (EXCEL) Training Conference. So, today’s post…
By Flickr user Tyler Silvest Wikideas1 (talk) 21:43, 7 November 2016 (UTC) – Here, CC BY 2.0, Link Well, it could. But, will the plaintiff win? That’s a different story. In this case, an employer accommodated an employee with chronic back pain for a long time. How long? Like 22…
Image by PixLoger from Pixabay But, first, I have a confession to make. I only read six posts. Over here at the Ohio Employer Law Blog, Jon Hyman writes about a federal district judge who dismissed a plaintiff’s hostile work environment claim notwithstanding evidence of “daily or near daily” harassment…
It’s an interesting theory. And by ‘interesting,’ I mean… Anyway, before I get too snarky, I’ll share with you the facts of this opinion from a federal court in New York that I read recently. The “On Call program” and more random tests. According to the plaintiffs, they were subject to…
Photo by Sabine Gausemeier from Pexels How easy is it? Easier than Sunday morning, which is easier than beating the New York Mets on Sunday afternoon. Fired after a DUI. I’m going to tell you about this case where an African-American man with alcoholism, sued his former employer for firing…
Image by Clker-Free-Vector-Images from Pixabay They line up around the block. As you can tell from the clipart, they come in all shapes and sizes to apply for assistant positions at The Employer Handbook. For example, in a few months, I’ll be advertising for Fantasy Football Grunt III. His/her essential…
Jarould [CC BY-SA 4.0], via Wikimedia CommonsIt’s one thing to ask an employee returning to work from surgery, “How can we help you?” It’s quite another to insist upon work restrictions. The former is caring; the latter may be discrimination based on a perceived disability. Earlier this month, the U.S.…