When Congress enacted the Americans with Disabilities Act Amendment Act, which went into effect on January 1, 2009, it indicated that one of its purposes was to “convey that the question of whether an individual’s impairment is a disability under the ADA should not demand extensive analysis.” I vaguely recall…
Last night, I read this press release from the United States Equal Employment Opportunity Commission, announcing a $2 million recovery for 50 male employees of a New Mexico automobile dealership. What happened, you say? From the press release: “In its lawsuit, the EEOC charged a former lot manager, James Gallegos,…
On Monday, it was public urination. Yesterday, we had indecent proposals. And today, the blogging gods, in which I hold a sincerely-held belief, serve me up this federal court opinion about an alcoholic named David Crosby — not that David Crosby, but still — who sued his former employer…
Terribly sorry about the confusion created by my sloppy use of possessive pronouns in today’s lede. The “his” wife refers to the employee’s wife. Otherwise, this post doesn’t make any sense, does it? (Don’t spend too much time contemplating the question, ok). Yep, just another Tuesday at The Employer Handbook.…
I’m pretty sure Larry David had this written into the Seinfeld Parking Garage episode before making a last-minute script change to uromysitis. I would have stuck with the former. But, Mr. David is a comedic genius and I just write this crappy blog. How bad is this blog, you ask?…
Let’s say that you have an employee whom the Americans with Disabilities Act would consider disabled and to whom you have afforded a reasonable accommodation for a long time. Maybe it’s a few years of light duty to accommodate your employee’s bad back. Maybe it’s keeping your employee with medically-documented…
Yesterday, I read with interest Jon Hyman’s post at the Ohio Employer’s Law Blog about how Target has employed a 14-minute training video to help keep its workplace union free. Gawker has posted a copy of the video here. Like a bear crapping in the woods, Gawker pokes fun of…
Has the Supreme Court’s 5-4 decision in Vance v. Ball State been keeping you up at night? *** logs IP numbers; obtains restraining orders *** Well, ok. I can see why some of you are sour on the 2013 Supreme Court decision holding that an employee is a “supervisor” for purposes…
I can actually feel the daggers that some of you are staring into me. So, please allow me to reintroduce myself. My name is H-O explain. How to demonstrate sexual harassment When an employee sues for sexual harassment, he/she must show four things: he or she was subjected to conduct…
Late last year, the United States Equal Employment Opportunity Commission scored a big victory when a federal judge found apparel company Abercrombie & Fitch liable for religious discrimination when it fired a Muslim employee for wearing her hijab (a religious headscarf) in the workplace, rather than accommodating her religious beliefs.…