Happy Monday, everyone. Glad to see I didn’t break some of your content filters on Friday with my filthy NLRB post. But, hey, just another day in the interesting life of an employment lawyer / HR professional, amirite? Today, I bring you a very simple lesson, courtesy of the Third Circuit Court…
One week ago today, a Germanwings plane carrying 150 people crashed and killed everyone on board. Since then, there is mounting evidence that the co-pilot, who was in great physical shape, was also suffering from mental illness which caused him to deliberately steer Flight 9525 into the French Alps. Why didn’t Germanwings taken preventative…
Well, I think we can all agree that, when an employee’s protected class motivates a company to transfer him to a less desirable position, it’s time to call the lawyers and break out the checkbook. But, what makes a transfer position less desirable? Yesterday, I was reading this Sixth Circuit opinion about a…
I’m a bit late to the party with this one. But, for those who haven’t read about it elsewhere. Voila! The plaintiff originally taught at the high school, during which she informed her employer about her pedophobia, a debilitating fear of young children. Some time later, the plaintiff was transferred to…
Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans with Disabilities Act. The key word in the last sentence being “interplay.” (By the way, if you want to…
Yesterday, I read about a woman who alleged that her former employer violated the Americans with Disabilities Act when it fired her from her “armed security guard” position because of a medical condition. This notwithstanding that, in her complaint, the plaintiff admitted to being presented with pictures taken of her which appeared to show…
After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian (Or an excuse for me to make gratuitous True Romance references). * * * Many employers drug test job applicants. Floyd (played by a young Brad Pitt), once motivated…
I tell you, folks. When a school janitor, the plaintiff in this case, claimed that the school principal uttered the words in the lede above, I felt a stirring within. Literally, the second those words (allegedly) formed on the principal’s lips, my Spidey Bloggy-senses told me that I’d be able to…
Whether you have a disability under the Americans with Disabilities Act — so, like, all of us — or not, work can suck. Bosses can be jerks. But, if an employee with a disability requests a transfer away from a jerk boss, must the company provide it? Find out after…
So just how did the employer snatch victory from the jaws of defeat after botching a diabetic employee’s request to work a modified schedule? Find out after jump… * * * An employee needs an accommodation to save her life. Back in 2011, the EEOC announced (here) that it had…