Last week, I talked about reasonable accommodations under the Americans with Disabilities Act, and the importance of having an open-minded, respectful conversation with a disabled employee who requests an accommodation to perform the essential functions of the job. Ultimately, as I’ve discussed before, the employer (and not the employee) may…
Rather, it’s just being — oh what’s that word — ‘human.’ Like in this case, in which a supervisor with breast cancer was disciplined — yes, folks, you can reprimand an employee with an ADA “disability” or FMLA “serious health condition” — for allegedly calling other employees names such…
You’re about to have a reduction in force and you’re going to offer a severance package to those effected: one week of salary for every year of service in exchange of a full release of all claims. If one or more employees affected by the reduction in force is 40…
Sounds like someone’s taken a page out of the Lionel Hutz playbook. Patrice Williams is a Seventh-Day Adventist. Seventh-Day Adventists believe that the Sabbath runs from sundown Friday to sundown Saturday. Because of her sincerely-held religious beliefs, Ms. Williams requested that her employer not require her to work during the…
J. Neil DeMasters worked as an EAP counselor for Carilion Clinic. During the course of his employment, a co-worker came to him complaining to have been a victim of sexual harassment. Mr. DeMasters relayed his co-worker’s complaint to HR. Then he was fired. Does Mr. DeMasters have a possible retaliation…
Last Friday, I had the pleasure of speaking at the National Employment Lawyers Association – New Jersey Annual Conference. I must admit that I was a bit leery. While it sounded legitimate enough — they asked me to speak on a panel addressing accommodation issues under the Americans with…
In Philadelphia, we’re known for certain things, such as cheesesteaks. Ordering the cheesesteak is a bit of an art form. For example, I could order a “Cheese steak, with Cheez Whiz and fried onions.” Or, I could simply say, “Cheese wit.” As most anyone around her knows that Cheez…
Sounds like one crazy party. Or just another Thursday at the Pine Woods Apartments. Kristen Glemser had no idea… On December 7, 2006, Kristen Glemser, a marketing/leasing agent for Pine Woods showed up for work, just like she would any other day. Except that some of the ladies in the…
About two years ago, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese. The EEOC alleged that the employee’s immense weight interfered with his ability to…
It’s a story that first made news over the weekend and is quickly picking up steam, ironically, because of social media. A customer at a Tennessee Red Lobster restaurant allegedly left a racist message on a receipt. An African American waitress subsequently posted the receipt to Facebook with the message: “This…