Although the Americans with Disabilities Act does not protect employees or applicants who use illegal drugs, it does protect those who are “participating in a supervised rehabilitation program, have successfully such a program, or who have otherwise been rehabilitated successfully.” Does that mean that an employer cannot refuse to hire…
I had trouble sleeping last night. If you read yesterday’s post, you know that when deciding between a post about an NFL cheerleader who was fired for risque pictures mailed to the Indianapolis Colts versus labor law and Twitter, I chose labor law and Twitter. ***stupid Twitter!*** I won’t make…
If you read this blog (or just about any other labor and employment law blog), you know that social media policies have fallen under recent heightened scrutiny because of the chilling effect they could have on employees discussing terms and conditions of employment (e.g., wages, hours, etc.) with each other…
Consider this scenario: Employee believes he is being discriminated against. Employee complains to Human Resources. HR investigates, but is unable to substantiate the employee’s claims. Employee nonetheless sues his employer, alleging discrimination. While the lawsuit is pending, the employer fires the employee for reasons it claims are unrelated to the…
In just over a month, a new law in NJ forbidding business from discriminating against unemployed job candidates will take effect. More about this new law and the effect it will have on NJ employers, after the jump… * * * You can find a copy of the new law…
I can’t make this stuff up if I tried. The Associated Press reports that the Pennsylvania Human Relations Commissions has ordered a local employer to pay $38,700 in back pay and interest to a female employee it fired for fighting at a cheese-making plant. According to the report, Rosalind Brown…
What happens when an employee claims to be a victim of discrimination or sexual harassment in the workplace, but fails to report the harassment to her employer? If the employer has a written anti-harassment policy, it should be able to satisfy its burden that the employee unreasonably failed to take advantage…
Last week, Rep. Barney Frank (MA-D) — for the ninth time — reintroduced the Employment Non-Discrimination Act (ENDA). ENDA would make it illegal for businesses to discriminate against employees and job applicants based on sexual preference and gender identity. More on ENDA, its chances of passage, and the effect it…
The EEOC has been running this radio spot in Baltimore, Maryland: “In connection with the class race discrimination lawsuit, the U.S. EEOC is looking for black individuals who applied for employment at or used to work for McCormick and Schmick’s or M&S Grill at the Inner Harbor. If you…
As I reported last week, after receiving over 600 public comments on its proposed regulations implementing the Americans with Disabilities Act Amendments Act (ADAAA), the EEOC has released its final rules. So what’s in these rules? And how will they affect employers? I’ve got a nice summary from the EEOC…