Today, I want to take you to school to discuss the Americans with Disabilities Act and job descriptions. Check that. Bad job descriptions. I brought my pencil! Gimmee something to write on. Hey, quit eyeballin’ me! Better yet, close your eyes. Let’s pretend that you have a clerk position. And that clerk…
Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council. What were…
Hold up. I need to catch my breath after last night’s episode of The Walking Dead. (Don’t worry. No spoilers ahead). Last week, I blogged here about the EEOC’s new Strategic Enforcement Plan. In that post, I singled out the EEOC’s pivot to “clarify[] the employment relationship and the application of…
Allegedly, of course. Doe worked Directions for Youth and Families, Inc. Doe is bipolar and communicated as much to her employer, which eventually fired Doe. Want to know why? Why, Eric? Welp, here’s the quote from Doe v. Directions for Youth and Families, Inc. (opinion here): At their August 2014 meeting, the…
Actually, as I see it, yes, Eric is utilizing hyperbole. But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers. The plaintiff in Kowitz v. Trinity Health (opinion here) began working as a respiratory…
You’re almost there. The only thing that can stop you now is this Calvin Harris tune that’ll get stuck in your head all day. Whew! You made it! Yesterday, the EEOC announced (here) updates to its existing Strategic Enforcement Plan. Under the existing plan, which expires at the end of…
As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel — *** Googles “corollary” — swish! *** — I bring you news of two recent court decisions advancing LGBT rights at work. 7th Cir. – Maybe Title VII protects workers from discrimination based on LGBT status after all. Earlier this…
Yesterday, the U.S. Equal Employment Opportunity Commission announced (here) that its General Counsel, David Lopez, would be leaving the agency in December. David was the first EEOC field trial attorney to be appointed as the agency’s general counsel, the first Latino general counsel, and, after 6 1/2 years, is the longest-serving general…
On average, organizations gave mothers 41 paid days of maternity leave, compared with 22 paid days of paternity leave for fathers. That statistic comes from 2016 Paid Leave in the Workplace, a survey recently conducted by the Society for Human Resource Management. Does this disparity demonstrate discrimination against men? Not necessarily.…
Someone didn’t read my post back in May. [cue music] Last night, I read this opinion about an employee-plaintiff whose position required her to conduct several weekly tours of the employer-defendant’s facility. In 2012, the plaintiff fell on a ladder, broke her leg, and took 12 weeks of leave under…