Last May, I wrote about this religious discrimination case involving an employer’s duty to accommodate a plaintiff who needed Sundays off to observe his religion. The court decided the case in favor of the employer, which led to this appeal to the U.S. Supreme Court in August, asking that it revisit its…
I told you that the first Zoom Office Happy Hour of 2023 at The Employer Handbook would be a big one! Earlier in the week, the U.S. Equal Employment Opportunity Commission announced here that it had released its draft of its Strategic Enforcement Plan (SEP). Once finalized, the SEP will…
Yesterday, I wrote about a man who claimed that his employer retaliated against him by forcing him to resign after he objected to attending workplace training on anti-racism and gender identity. It was a good story. We employment lawyers have plenty of them. But, perhaps, it wasn’t great. But what…
The federal court decision I read last night reaffirms one of the many reasons I enjoy practicing employment law: I’ll never run out of good stories to tell. This one involves a plaintiff who worked as a security counselor for a state hospital in the Midwest. He alleged in his…
Litigators often counsel witnesses to answer, “I don’t recall,” rather than guess or speculate the response to a question at a deposition. But, sometimes, that approach can backfire. The female plaintiff in this recent Third Circuit opinion I read last night worked as a manager in the defendant’s finance department.…
The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of a disability. A qualified individual can perform the job’s essential functions with or without a reasonable accommodation. Often, an individual with a disability will approach a supervisor or HR, identify their limitations, and ask for help.…
Last week, while many of you were in your offices with the doors closed, pretending to work before the holiday break, the Senate and House passed an omnibus spending package incorporating two separate pieces of legislation to protect pregnant workers and new moms. Pregnant Workers Fairness Act Introduced in May,…
Sometimes, when deciding whether to blog about a recent federal court decision, I skip the “Factual Background” section and go right to the “Discussion.” That’s where I usually find the most concise, “meat-and-bones” explanation of what the case is about. I did that last night when I read this Minnesota…
When I think of Pennsylvania, it’s the Liberty Bell, cheesesteaks, and that putrid football team from Pittsburgh with the fans that wave yellow towels. I also think of employer-friendly employment laws. But one of those associations may soon be eroding. (Spoiler alert: not my opinion of the hapless Steelers). Last…
A recent Eighth Circuit decision helps show how an employer can discharge its obligations to engage in the Americans with Disabilities Act interactive process in good faith. Remote work during flare-ups The case involves a plaintiff with multiple sclerosis who worked in customer service at a hospital, the defendant. After…