To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that: she is disabled; she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and she was discharged (or otherwise suffered an adverse employment action) solely on account…
As the year draws to a close, let’s take a look back at the most popular posts at The Employer Handbook in 2011, based on number of hits: 5. Social media and the workplace. School teacher Natalie Munroe made several appearances on the blog this year. Remember her? She…
Last week, a federal appellate court (here) allowed a white assistant manager to pursue claims of reverse race discrimination against a bank because the reasons that the bank offered to the court for firing the plaintiff did not jibe with the documentation in its own file. Oh, wait a minute,…
Oh, Meyer, where are you going with this one? Well, it’s my chance to play a little GnR after the jump while reminding my awesome employer readers about what it takes for an employee to actually prove a claim of age discrimination. (Hint: It’s not easy)… * * * To…
I have no idea. I was hoping that one of you could help me out. Oh, wait, I’m supposed to be the expert here. Ok. Fine. I’ll play some music and dish the deets — hint, it has something to do with the picture — after the jump… * *…
The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against job applicants and employees on the basis of a disability. What is a disability, you ask? A disability is “a physical or mental impairment that substantially limits one or more major life activities.” If your employee suffers from…
I need to come clean with y’all. TMZ.com is one of my guilty pleasures. Don’t hate! And you should have seen the beaming smile on my face on Monday when when I got some blogging gold as TMZ ran a story about a former college professor at NYU who claims…
And, then, there are those that allegedly do. It is on those occasions that this blog can practically write itself. Take, for example, AutoNation. According to a complaint recently filed in California state court — well, let’s just say that AutoNation better have some good lawyers. A copy of the…
There is no federal law that specifically prohibits obesity discrimination. But is the Americans with Disabilities Act broad enough to cover discrimination against the obese? Well, if you read my blog regularly — Hi Dad! — you know that a hyper-obese Homer Simpson is not disabled, but this 680-pound Texas…
What’s the point of having a written handbook policy if you aren’t going to follow it? Better yet, what are the consequences of not following that handbook policy? (Hint: they’re bad). Find out why after the jump… * * * This recent federal-court age-discrimination decision underscores the importance of companies…