Do you know what to do if an employee comes into your office asking for a shift change or some other workplace accommodation because of a sincerely-held religious belief? A short lesson from a recent federal-court decision and a few tips after the jump… * * * In Jackson v.…
The Americans with Disabilities Act explicitly forbids discrimination against those who are actually disabled or “regarded as” disabled. As a NJ court once recognized, “Distinguishing between actual handicaps and perceived handicaps makes no sense.” Indeed, “prejudice in the sense of a judgment or opinion formed before the facts are…
A maintenance mechanic in Illinois received 28 disciplinary-action forms from his supervisor. Ultimately, he was offered two choices: (1) accept a demotion to a non-mechanic position and take a significant pay cut; or (2) keep the position, fight the discipline, but face potential termination. On the advice of his union…
Smells like patchouli. Or is that teen spirit? Hey, it’s been a long day. Can an employer insist on regular attendance without violating the ADA? Maybe. says Robin Shea at the Employment and Labor Insider. And forget about indefinite leave as a reasonable accommodation under the New Jersey Law Against Discrimination…
Remember back in July 2011 when I told you that a miniature horse might be reasonable accommodation under the Americans with Disabilities Act? Giddy-up! I whinny! Ok, I’ll quit horsing around. (I mare or may not be referring to a printed-out list of horse puns as I type this…) More…
A severance agreement helps to allow businesses to ensure that former employees don’t sue. The concept is fairly simple: in exchange for $X, the former employee agrees to release the company from every claim under the sun from the beginning of time through the date the former employee signs the…
On Employment Legislation: Just when you thought you had the employment law landscape figured out, along comes pending legislation that could change everything. From age discrimination claims to workplace flexibility to unionization and labor organizing, new bills in the House and Senate may change the way you run your business.…
Unfair treatment because of one’s language may be related to race or national origin discrimination. Indeed, language may be used as a covert basis for discrimination. But that’s not always so. A recent case and some helpful nuggets on English-only rules after the jump… In a recent NJ case, the…
Now in autotune. (Betcha didn’t expect that). Yesterday, we were rapping (without the benefit of autotune) about immigration status and unlawful discrimination and concluded that Title VII of the Civil Rights Act of 1964 does not prohibit workplace discrimination on the basis of immigration status (although national-original discrimination is unlawful). And…
I had this song in my head for about two hours on Sunday. Then I listened to the Trent Reznor version, ick…. This blog post has a point, right? Oh yeah, discrimination. A little reminder from a recent Eight Circuit case, Guimaraes v. SuperValue, Inc., that when it comes to employees with…