That is stupider than stupid stupid. It’s also a central allegation in this complaint that the U.S. Equal Employment Opportunity filed in a Georgia federal court last week. Here’s more from the press release: Hester Foods, Inc., the operator of a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law…
It all began last week with a (possible) typographical error in a tweet from our 45th President, “Despite the constant negative press covfefe.” At first, President Trump’s tweet confused us; “covfefe” even stumped a spelling bee champ while creating a spike in demand for novelty license plates. But then President Trump doubled down on Twitter, “Who…
Hopefully, I didn’t miss something. (Oh, so you’re saying that, maybe, “reasonable-er” isn’t a word.) Well, I do have a point here. Somewhere. Ask and ye shall receive. In Preston v. Great Lakes Specialty Finance, Inc. (opinion here), Plaintiff suffered from a disability that caused him to have heightened sensory sensitivities…
I love my readers. Like my youngest daughter with a pile of peas, my readers devour HR-compliance wonk and nuance. For example, last week I ran a post called, “Someone who doesn’t know that they have a serious health condition can still get FMLA, you guys.” That post was about…
My decision to sit at the computer and begin blogging at 10:48 PM on a Sunday has backfired on me, for sure. This will teach me to go out for a few drinks after my kid’s soccer game. That is, on Friday before I left work I read this headline, “Transgender…
Yep, we’re gonna continue yesterday’s discussion of how stereotyping and false assumptions can create yuuuuuuge Americans with Disabilities Act problems for employers. Last week, the EEOC announced (here) that a Texas trucking company agreed to pay $65,000 to settle a disability discrimination lawsuit. But, not just any ADA lawsuit. This one involved…
There are three types of disabilities under the Americans with Disabilities Act: a physical or mental impairment that substantially limits one or more major life activities (an “actual disability”), or a record of a physical or mental impairment that substantially limited a major life activity (“record of”), or an actual…
Do employee-leave issues and ACA woes have you feeling like this? Well, next month, my friends at Kistler Tiffany and I have got your back. We’re presenting two free, live seminars to help you tackle your ACA, ADA, and FMLA issues. The first will be on Wednesday, May 10, 2017 from 9:30 AM…
The biggest impact on employers, when the Americans with Disabilities Act Amendments Act took effect on January 1, 2009, was to downplay whether an employee actually had a disability, and get businesses focusing more on whether there existing a reasonable accommodation that would permit an employee to perform the essential functions…
Not cool, dude. Hatter v. WMATA (opinion here) involves an individual with sleep apnea who applied for a bus driver position. He got the job conditionally, but later had the offer rescinded. What happened?!? Well, the offer was rescinded because the plaintiff chose not to submit sleep apnea test results to…