Below are summaries of four pieces of legislation of which employers should take note: Protecting Older Workers Against Discrimination Act. Senator Tom Harkin (IA-D) introduced this bill last week. It would overturn the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. and lower the burden of…
Over the weekend, I read this story by Laura Hibbard at the Huffington Post about a phony job flyer handed out by two men in red blazers posing as Chick-Fil-A employees [link to video] on the campus of New York University. The phony flyer states: Remember Chick-Fil-A is a Christian…
Back in December, I wrote here about a federal court in Louisiana recognizing that a morbidly-obese plaintiff may have a physical impairment which, if it substantially limits one or more major life activities, would bring that plaintiff within the scope of the ADA (the pre-ADAAA version). As an update to…
Allegedly, of course. Say it ain’t so, Paula. RadarOnline.com reports here — how many times to I get to type that?!? — that a former employee of one of Paula Deen’s restaurants has accused both the TV chef and her brother of race discrimination and sexual harassment. You can find…
When an employee sues his former employer alleging a religiously hostile work environment, he must prove, among other things, that he was subjected to harassment based on his religion and that the harassment was either severe or pervasive. What do you think? Is the email below from a company General…
Quick quiz: What protections does the ADA provide to veterans with disabilities? When is a veteran with a service-connected disability protected by the ADA? May an employer ask if an applicant is a “disabled veteran” if it is seeking to hire someone with a disability? So, how did you do?…
I’ve come up with some pretty creative defenses to unlawful harassment. Usually, however, before I file a pleading, I take out my trusty red pen iPad and delete those arguments that are just so outrageous that I feel my client will lose credibility with the court. But that’s just me. After…
Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October. This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a “leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]”, the employee must provide…
Worst. advice. ever. More on this doozy involving two Denny’s waitresses after the jump… * * * Two Denny’s waitresses have filed this complaint in CA Superior Court alleging that their manager sexually harassed them and, when they complained to another Denny’s manager, they wore told, “Pray about the situation.”…
My loyal readers know that yesterday the U.S. Equal Employment Opportunity Commission held a public meeting to discuss pregnancy discrimination and caregiver issues. Conversely, my disloyal readers can go to hell. No, no, I forgive you. Just send me a check and we’ll call it even. *** Takes meds *** ***…