DISCLAIMER: Since I’m getting the fodder for my post from RadarOnline (via the National Enquirer), consider the sources, and remember that what you are about to read are allegations. Plus, Ms. Deen’s team subsequently told Entertainment Tonight that Ms. Deen does not condone or find the use of racial epithets…
Articles Posted in Discrimination and Unlawful Harassment
The ADA way to require psych counseling for an employee
The Americans with Disabilities Act (ADA) limits when an employer can require an employee to take a medical examination. Specifically, the ADA forbids employers from requiring medical exams (and cannot otherwise inquire into the nature or severity of a disability) unless the exam or inquiry is shown to be “job-related…
Grab-ass in the workplace may be sexual harassment, you guys
Biting the staff doesn’t help either; even if it doesn’t leave a mark. You see, I couldn’t make this stuff up if I tried.
Can height be a disability under the Americans with Disabilities Act?
Barbara Joy McElmurry worked for the Arizona Department of Agriculture. In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position in which she would not be able to drive vehicles because she was too short (4’10”). So, McElmurry asserted a…
The most cockamamie excuse evah for firing a pregnant employee
When it comes to reasons for firing employees, I’ve heard some good ones in my day — and by good, I mean legitimate. Conversely, the excuse I just read in the Seventh Circuit’s opinion in Hitchcock v. Angel Corps., Inc., a case involving a pregnancy discrimination claim, may be the worst.…
“What do you mean, ‘you people’?”
Trouble in the workplace; funny in the jungle.
Not for Teacher: Court denies request to miss Tuesdays for Sabbath
Bad Van Halen pun aside, let’s play some Skynyrd. Even Waldo agrees. So, there was this woman in Louisiana who took a teaching position at an elementary school. You know the kind; one that operates on weekdays. And, around her start date, she asked the administration for Tuesdays off to…
Tough HR issues: ADA and extending a leave of absence
Alright smarties. One of ABC Company’s employees suffers from post-partum depression. She’s been out of work for over a month, and the company wants to replace her. But, first, it wants your advice. Read all the facts below: Emily Employee is an HR Coordinator at ABC Company. ABC provides short-term…
Firing a woman for lactating at work is against the law
Allow me to be serious for a moment… Moment’s passed, eh? Ok. Let me bring it back… Last week, the Fifth Circuit Court of Appeals ruled (here) that discharging a female employee because she is lactating or expressing breast milk is sex discrimination and, therefore, violates Title VII of the…
Supreme Court passes on ADA transfer accommodation case
Here’s the scenario: You have a disabled employee who seeks an accommodation. Mindful of the Americans with Disabilities Act, and being the compliant company that you are, you engage that employee in an interactive dialogue to discuss reasonable accommodations — options to allow the employee to perform the essential functions…