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:…
Employment lawyers often quip that they could walk into a workplace and spot at least one violation of the Fair Labor Standards Act (FLSA), the federal law governing the payment of overtime pay at not less than time and one-half the regular rate of pay for all hours worked over…
Yes, alcoholism can be a disability under the Americans with Disabilities Act. The EEOC notes here that the ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” What is a “qualified” alcoholic? Someone who can perform the job’s essential functions with or without accommodation. An employer can…
I promised you a doozy today, and I plan to deliver! About a year ago, a federal jury in Texas concluded that a flight attendant’s sincerely-held religious beliefs (specifically, those underpinning her pro-life stance on abortion) unlawfully motivated her labor union and employer to discriminate against her. How mad was…
Or, more precisely, my oldest son and I will be traveling from Philly to Cincinnati to watch the Marlins take on the Reds in a 12:35 matinee. I have no particular vested interest in the game other than clear skies and, perhaps, an adult beverage. Dinner recommendations for after the…
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing the new Pregnant Workers Fairness Act (PWFA), released proposed regulations for public comments. 275 pages of them. But I only needed the first eight or so to realize that the PWFA, which requires covered employers to…
Screenshot: @elonmusk on X At least that’s what Elon Musk, the billionaire who purchased X (formerly known as Twitter), posted from his X account on Saturday night. He also vowed that there is “no limit” to the funding. Neither Musk nor X has provided further details on the offer, such…
Did you know that in 2022, claims of religious discrimination at work filed with the EEOC were up over 650% from the previous year? SIX HUNDRED AND FIFTY PERCENT! The driving force was a significant increase in vaccine-related charges filed based on religion. Combine that with the recent Supreme Court…
It was bound to happen sooner or later, tbh. As Presidents change from Democrat to Republican to Democrat, the complexion of the five-member (well, four now) National Labor Relations Board flips from union-friendly to management-friendly to union-friendly. And as the pendulum swings hard one way or the other, big “precedential”…
Yesterday, we talked about how workplace accommodations that enable an employee to remain at work (and get paid) are generally better than ones that require time off, like an unpaid leave of absence. But sometimes, there’s only one option. Consider this recent Fourth Circuit decision. The plaintiff drove a big…