Under the Americans with Disabilities Act, an employer must make reasonable accommodation to the known physical or mental limitations of an individual unless the employer can show that doing so how cause it undue hardship. Generally, an employee will initiate the process by advising her employer that she is disabled…
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Somewhere, I picture the folks at Merriam Webster franticly revising the definition of “Pyrrhic” to cross-reference a stick of butter Paula Deen. Yesterday at The Employer Handbook, I discussed the EEOC losing a major battle in its war against background checks. Today, it’s all about winning the battle, but losing…
Late last year, in this post, I highlighted the six issues that the United States Equal Employment Commission prioritized in its Strategic Enforcement Plan. Numero uno is eliminating barriers in recruitment and hiring. Even before it released its Strategic Enforcement Plan, earlier in 2012, the EEOC telegraphed that it would…
When the Americans with Disabilities Act Amendments Act went into effect in 2009, it significantly lowered the bar for proving a “disability.” How low did it go? [cue ironic music, you’ll see in a sec…] You’ll see how low when your employee — like you and I — suffers from “episodic” (that’s…
Then I suggest “ghetto.” Consider this your performance review ProTip for Tuesday, courtesy of this recent decision from a Texas federal court, in which an employer’s summary judgment motion was denied, and a Mexican-American plaintiff’s race and national origin discrimination claims will proceed to trial. The smoking gun, it seems,…
Sex sells. So, when 22 female cocktail servers at an Atlantic City casino pursued claims of discrimination based on their appearance, it came as little shock to me that the judge wasn’t buying. Last month, a New Jersey state court dismissed a lawsuit against the Borgata Hotel Casino & Spa,…
That George Costanza was definitely on to something. A federal court in Virginia (here) recently denied an employer’s attempt to dismiss the complaint of a former employee who claimed that his rights under the Americans with Disabilities Act were violated when his employer failed to accommodate him by waking him…
Just another Monday here at The Employer Handbook. It’s how we roll. Over the weekend, I read this opinion from the Seventh Circuit Court of Appeals. From the opening paragraph, it had my attention. After working at A.B. Data for four months, Michael Benes charged the firm with sex discrimination.…
Under federal law, the bar is set higher for proving age discrimination, as opposed to other forms of unlawful discrimination based on protected classes such as race, gender, or disability. While difficult to prove, a recent article from The New York Times suggests that age discrimination in the workplace…