Back in June, I discussed here how the EEOC was discussing the use of leave from work as a reasonable accommodation under the ADA. The question I asked back then was how much leave is reasonable? When is enough, enough? Well, I can tell you now — and I suppose I…
In yesterday’s post, we looked at whether a morbidly-obese employee is protected under the Americans with Disabilities Act. Today, let’s apply yesterday’s discussion to a “real-world” example. Is Homer Simpson disabled? And is the Springfield Nuclear Power Plant legally obligated to offer him a reasonable accommodation? The answers after the…
Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese. Is that right? Can being overweight be considered a “disability” under federal law? And, if…
Retaliation claims have become the leading cause of action for employees. In fiscal year 2010, retaliation charges filed with the EEOC nationwide accounted for 36.3% of all filings, at 36,258. There are three essential elements of a retaliation claim: Employee Protected Activity – opposition to discrimination or participation in the…
Your business drug tests job applicants as a condition of employment. What would happen if a male applicant refused to take a urine test because he claimed that he had paruresis, otherwise known as “shy bladder syndrome” or “bashful bladder syndrome”? Would you have to accommodate the applicant with a different…
Mach·i·a·vel·li·an [mak-ee-uh–vel-ee-uhn] adjective of, like, or befitting Machiavelli. characterized by subtle or unscrupulous cunning. He resorted to Machiavellian tactics in order to get ahead. The quality associated with marketing a line of greeting cards to capitalize on the 9.1% unemployment rate in the United States. Hallmark’s decision to…
Frankly, Anthony Weiner ain’t got nothin’ on this Weiner. The EEOC announced on Monday that it had sued Nu-Way Weiners, one of the oldest hot dog restaurants in the country, on behalf of two female employees. More after the jump… * * * You can find a copy of the…
An eligible employee may take up to 12 workweeks of leave under the Family and Medical Leave Act in a 12-month period. If an employee exhausts all of her FMLA leave and fails to return to work after the 12 weeks are up, can’t the company simply fire the employee?…
That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post”. The answer to today’s question is fact. In 1991, the Supreme Court decided, in the companion cases of EEOC…
You know what’s not a good business practice for a car dealership? Referring to an older male employee as “old man,” “pops,” and “old mother******” and then steering car sales away from him to younger employees. Age discrimination is serious business, yo. Details on this gem after the jump……