A few months ago, I was waxing poetic about plutonium, how to establish essential job functions, and quality-testing diet scrapple. What got into me? Now, I’ve got a cautionary tale, in the form of a recent federal court opinion, to help you good folks navigate away from some of the…
//embedr.flickr.com/assets/client-code.js I’ll be back tomorrow. Image Credit: https://www.flickr.com/photos/anilchudasama01/25516529980
It was déjà vu all over again yesterday. In its much anticipated decision in Christiansen v. Omnicom Group, Inc. (opinion here), the Second Circuit concluded that Title VII of the Civil Rights Act does not cover discrimination based on sexual orientation. Like the Eleventh Circuit a few weeks ago, a three-judge…
You wouldn’t fire someone because they complained to you about sexual harassment at work. For starters, that would violate Title VII of the Civil Rights Act of 1964. But, Title VII’s anti-retaliation provisions are much broader than that. Title VII prohibits employers from retaliating against an employees who oppose unlawful harassment…
By Versageek (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia CommonsAlcoholism 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…
Today, my friends, is National Cheesesteak Thursday. Started back on Thursday, March 24, 1994, by four high school classmates of mine, this is a day to celebrate with some quality ribeye, an Amoroso roll, and your choice of American, Provolone, or Cheez Whiz. Just never Swiss. That mistake cost John Kerry the…
No, the Second Circuit Court of Appeals didn’t say, “Oh, word?” But, it did just toss a $2,600,000 jury award in favor of a pharmacist in an Americans With Disabilities Act case. From $2.6M to zero That’s zero point zero. In Stevens v. Rite Aid Corp. (opinion here), a pharmacist…
A few weeks ago, a reader emailed me and asked if I would weigh in on how businesses should address employees talking about politics at work. On the one hand, in the private sector, there are no First Amendment Rights. Free speech is a big myth. ( I suppose that the National…
A new bill, introduced last week in this U.S. House of Representatives, would amend the Family and Medical Leave Act to permit parents to take up to 12 weeks of leave to mourn the death of a child. Here is a link to the bill, known as the Sarah Grace-Farley-Kluger Act.…
Rideshare service, Lyft, Inc., allegedly violated Philadelphia’s Fair Criminal Records Screening Standards Ordinance, also known as Ban the Box, according to this press release from the law firm Outten & Golden LLP. Here’s a snippet from the press release: What is “Ban the Box”? Philadelphia’s Ban the Box rule, about which…