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……
With so many employment laws out there, it’s not easy to keep track of what those laws say — let alone under which of them your business may be covered. Well, who loves ya! After the jump, it’s employment laws by the numbers — number of employees that is —…
A longtime employee of the Secretary of State’s office in Illinois claimed that two white managers targeted him for termination because he is black, and two white employees, one of whom was his supervisor, received lesser discipline even though they had engaged in the same alleged misconduct. Is that right? Can…