Image Credit: Pixabay.com (https://pixabay.com/en/fish-hook-symbol-silhouette-icon-304097/) On a clickbait scale of 1-10, maybe a 9. First, I must apologize for something other than the clickbait; specifically, yesterday’s cop-out. I had 800 words typed on a recent case in which a federal court denied a defendants’ motion to compel arbitration. It was a great juxtaposition **…
By Soberconnections [CC BY-SA 4.0], from Wikimedia CommonsFolks, I’m warning you, this is a tough one. The ADA, illegal drugs, legal drugs. Under the Americans with Disabilities Act, an employer must provide a reasonable accommodation (if available) to a qualified individual with a disability upon request if doing so will…
Image Credit: Pixabay.com (https://pixabay.com/en/women-men-people-human-gender-149577/) When you think about lawsuits involving transgender employees and issues of gender identity, most assume that those claims would be asserted as sex discrimination claims. Often, those cases involve allegations of sex stereotyping. Except, about this time last year, I had a post entitled, “Pay…
Image Credit: Pixabay.com (https://pixabay.com/en/megaphone-speaker-speakers-speak-3272636/) Here are the important announcements: First, if you subscribe to this blog to receive daily emails, you must update your subscription preferences. You may have heard about the new General Data Protection Regulation (“GDPR”), that comes into effect May 25, 2018. To help comply with GDPR…
I took this picture. Not bad, eh? Filed under: “Didn’t think I’d be saying that in 2018.” But, it’s all good. I am grateful to Ben Eubanks and the Northern Alabama Chapter of Society for Human Resource Management for this opportunity to debut my new and improved “My Employees Can…
Photo by freestocks.org on Unsplash Did you know that the Super Bowl MVP, Philadelphia Eagles (backup) Quarterback Nick Foles, has more playoff wins in the last three months (3) than the Dallas Cowboys have in the past twenty years (2)? But, I didn’t come here to make fun of the…
Image Credit: “Whisper” by Jamin Gray on Flickr (https://www.flickr.com/photos/jamingray/1056525232) //embedr.flickr.com/assets/client-code.js Today, I’m going to revisit a topic that I’ve previously discussed a few times on the blog (here and here); namely, when is working overtime an essential job function under the Americans with Disabilities Act? The quick answer is: the employer…
Image Credit: Pexels.com (https://www.pexels.com/photo/black-calendar-close-up-composition-273011/) Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of job-protected leave in a 12-month period. So, what happens if an employee exhausts 12 weeks of leave and doesn’t return to work on the next working day?…
By rp72 (Opening o2 Arena London Bon Jovi) [CC BY 2.0], via Wikimedia Commons“In a packed room at the 2018 SHRM Employment Law and Legislative Conference in Washington D.C., Eric Meyer of FisherBroyles, LLP provided practical guidance for HR Professionals so that they can handle an ADA accommodation situation at…
Image Credit: Pixabay.com (https://pixabay.com/en/network-cable-ethernet-plug-1027307/) Last September, the Seventh Circuit Court of Appeals ruled that a multi-month leave of absence is never a reasonable accommodation under the Americans With Disabilities Act. That’s all well and good for employers in Illinois, Wisconsin, and Indiana. But, what about the rest of us? For…