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…
You folks in HR don’t have to read any further. Go do yeoman’s work today by putting the “human” in human resources. Or whatever it is you do each day. But, the lawyers. Let’s see if I can thaw some of your icy hearts with an irresistible invitation and offer.…
This is all a gigantic excuse to play Comma Karma Chameleon and Karma Police. Unless you operate a business in Maine, enjoy Culture Club, or just like Oxford comma jurisprudence, there’s really nothing to see here. Still, a special thank you to @IAmOxfordComma on Twitter, which reduced the First Circuit’s decision in O’Connor v.…
Who knew? I received a lot of feedback on last week’s post. That was the one about an EEOC lawsuit alleging that a company violated the Americans with Disabilities Act when it allegedly failed to accommodate a disabled employee’s request to use a service dog. Among the reader feedback was a question about…
On Friday, the Eleventh Circuit Court of Appeals, generally considered one of the more conservative appellate courts, issued a mixed-bag ruling in a high-profile LGBT-rights case. Sex stereotyping is unlawful; Title VII covers gender-nonconformity claims. In Evans v. Georgia Regional Hospital (opinion here), the Eleventh Circuit reaffirmed that Title VII of the Civil…