In today’s blog post, we’re doubling up on the employment law lessons. It’s a two for Tuesday Thursday! What inspired this selfless act from the publisher of a free employment law blog? I read this recent federal court decision about an employee who alleged that his employer discriminated against him…
Last month, following an airline’s loss in a religious bias lawsuit brought by a former employee, a Texas federal judge issued a scathing 29-page decision in which he ordered the airline to have three of its lawyers complete 8 hours of religious-liberty training each. Read this post if you want more…
Yes, soon after I start recycling old blog posts next month about the liability risks that employees and their poor costume choices present for employers, all private-sector employers with 100 or more employees and federal contractors with 50 or more employees meeting specific criteria can start submitting demographic workforce data,…
A company fired one of its employees just ten days after learning about his disability. Although the proximity between the two doesn’t confirm that the employee’s disability motivated the employer’s decision, some other vital factors led a federal appellate court to overrule a lower court’s decision in favor of the…
A director for a major transit authority applied for two internal promotions. She didn’t get either. Feeling that she was more qualified than either successful candidate, the director reported discrimination internally and later filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. Among other things, she alleged…
Earlier this month, a federal appellate court had to decide whether a hospital employee could perform her job remotely or whether the job’s essential functions required her to come to work in person. Spoiler alert: The plaintiff lost the failure-to-accommodate claim she asserted under the Americans with Disabilities Act. But…
Employees who want to bring federal anti-discrimination claims in court can’t just file the lawsuit. Instead, they must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission. There are time limits to filing with the EEOC. The EEOC website states: In general, you need to file…
Imagine a business that gives its employees two days off each week. There’s nothing abnormal about that. However, the company uses a sex-based policy to determine which two days an employee can pick. Only men can select full weekends off—women cannot. Instead, female employees can pick either two weekdays off…
TL;DR: Yes. But, working overtime must be an essential function of the job. Here’s an example from a recent Fifth Circuit decision. The plaintiff worked as a detention officer. One of the requirements for the job of detention officer was to “work overtime as required,” including “up to sixteen (16)…
The Americans with Disabilities Act makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. According to a lawsuit that the U.S. Equal Employment Opportunity Commission filed yesterday, an employer did both. To the same individual. Here’s more from the EEOC press release:…