My other car is a minivan Last Summer, I blogged here about how requiring an employee with a disability to stay out of work until 100% cured (i.e., a no-restrictions policy) automatically violates the Americans with Disabilities Act. As courts have described it, the policy does not allow a case-by-case assessment of an individual’s…
Articles Posted in Discrimination and Unlawful Harassment
This sad, sobering video is a reminder that your company still employs knuckledraggers #MoreThanMean
Most of you have either seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The celebrities have a…
It’s hard to believe what may pass for age discrimination these days.
Hi there. Did you have a nice weekend? Overall, I did too. However, Saturday was rough. How rough? On a scale of 1-10, it was Chuck E. Cheese. Sunday improved. Mildly. But, now I’m in a coffee shop, sans kids, sans ball pits, costumed rats, and shopping carts. Instead, I’m nicely…
The one they called “Grumpy Old Bastard” lost his age discrimination case.
Only law blog with this pic. Fo Shizzle. If only someone would’ve created a Grumpy Old Men / Wu-Tang Clan mashup. ODB passing the verse to Walter Matthau… Oh well, you’re stuck with me blogging about an age discrimination case from the Northern District of Indiana. At least I’m off of the…
A pay raise is not discriminatory and eye rolls don’t create a hostile work environment, mmkay?
Reading yesterday’s post about religious accommodations and Flying Spaghetti Monsters may have had you rolling your eyes like — who is that old guy? Tony Danza? Just kidding, I know my 80s TV. It’s Corbin Bernsen. Keeping with the topics of accommodations and eye rolling, I recently read this opinion about an…
You guys don’t have to let employees pray to a Flying Spaghetti Monster. Probably.
Even a true “Pastafarian.” Most employment lawyers — especially us blogger types — are Godlike creatures never at a loss for a good war story. Like that time I sat through the deposition of a construction site employee who testified about how the walls of the control room were covered ceiling-to-floor with…
Medical Marijuana is coming to PA. What do employers need to know?
Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it) Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty…
Here’s a novel defense to a discrimination claim. (Replace “novel” with “damn near frivolous”).
Let’s say that one of your employees forms a corporation. The sole purpose of the corporation is to accept direct payment of wages for the employee. In other words, this arrangement does not affect the employee’s duties or your control over the employee at work. Indeed, maybe you provide the employee with business cards…
The most essential elements of an employee handbook acknowledgment
Right around the time that email subscribers to this blog — you can become one too, you know — receive today’s post, I’ll be sitting on an “Ask the Expert” legal panel at the Lehigh Valley Chapter of SHRM saying lawyerly stuff like… “It depends.” and “I’ll get back to you on…
The last word is often key to ADA accommodations
That’s why I kick so much butt with Americans with Disabilities Act accommodations. As a lawyer, I always have to have the last word. LOL! (Or say stuff like, “It depends.”) The ADA duty to accommodate. The ADA requires an employer to provide a reasonable accommodation to an employee, if doing…