Over the next few days. you may read a bunch of headlines about yesterday’s Eighth Circuit decision in Morris v. BNSF Railway (opinion here), touting the court’s holding that obesity, by itself, is a not a disability under the Americans with Disabilities Act. Specifically, the court concluded that “for obesity, even morbid…
A few years ago, I blogged here about the importance of communicating with employees on FMLA to stay abreast of their status and eventual return-to-work. But, even before employees go on FMLA, both clear communication and workplace policies becomes paramount. Consider this recent example involving a pregnant salesperson. She got…
Last week, five players on the U.S. Women’s National Soccer Team filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation. The women claim that they paid up to four times less than their male counterparts for doing basically the same job. A reader of this…
Back in 2012, when I wasn’t part of this new protected class, I wrote here about whether an employer would violate the Americans with Disabilities Act by requiring an employee to work overtime. The takeaway from that post was, yes, if working a minimum number of hours each week is an essential job function,…
Kinda like Welcome to the Jungle, except with a lot less GnR. Or maybe like the famous intersection of Hollywood and Vine, except, not famous and all. And, let’s face it, the only sightseeing at FMLA/ADA is done by dorks like us. Who wants to pose with me for a selfie? Well, I…
If national origin motivates an employment decision, that’s disparate treatment. Title VII forbids disparate treatment. So, what if… nepotism motivates an employment decision, which involves favoring one nationality over another, then does national origin motivate the employment decision? Or, put another way: could nepotism violate Title VII? No, nepotism does not…
Because, I’m pretty sure that I’ll get my employment-lawyer-blogger card revoked if I don’t offer a self-deprecating blog post about age discrimination on my 40th birthday. But, feel free to raise my spirits by pledging a pair of tickets to the Philly stop of the Guns N’ Roses reunion tour. Oh, God!…
Businesses will be like… That’s because, earlier this month, Senator Patty Murray (D-WA), top Democrat on the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Sherrod Brown (D-OH), and Representative Rosa DeLauro (D-CT), introduced the Wage Theft Prevention and Wage Recovery Act. According to this HELP press release,…
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Fortunately for me, my cell phone is locked. And, the most salacious contents are in a Dropbox full of employment-discrimination cases. Yes, I own the dorkiest cell phone ever. Don’t judge. You can get the skinny on the teacher story from the video above or the AP report from Meg…